Tala Doumani is a student at Harvard Law School.
Last week, Education and Labor Committee Chairman Robert C. Scott (VA-03) and Committee Democrats filed an amicus brief petitioning the National Labor Relations Board (NLRB) to combat anti-union employers from rigging union representation elections. The brief urges the NLRB to reinstate a policy under Specialty Healthcare, which heightened the burden placed on employers attempting to demonstrate that other excluded employees belong in a petitioned-for bargaining unit.
The NLRB had overturned its decision in Specialty Healthcare on Dec. 5, 2017, in PCC Structurals, Inc. following the election of Donald Trump and a general shift away from Obama-era policies. Committee Democrats state that the current standard provides employers with too much power to effectively gerrymander union elections by adding employees to the voting pool to dilute support for certain union representatives. The Specialty Healthcare standard, on the other hand, provides appropriate deference to workers’ preferences in resolving questions concerning the structure of a bargaining unit, rather than to those of the employer. This, the Committee Democrats argue, is central to worker freedom of association and the right to bargain collectively.
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May 13
House Republicans push for vote on the SCORE Act; Wells Fargo wins 401(k) forfeiture appeal; Georgia passes portable benefits bill.
May 12
Trump administration proposes expanding fertility care benefits; Connecticut passes employment legislation; NFL referees ratify new collective bargaining agreement.
May 11
NLRB Judge finds UPS violated federal labor law; Tennessee bans certain noncompetes; and Colorado passes a bill restricting AI price- and wage-setting
May 10
Workers at the Long Island Rail Road threaten to strike, and referees at the National Football League reach a collective bargaining agreement.
May 9
HGSU wraps up its third week on strike and economists find that firms tend to target workers with “wage premiums” for AI replacement.
May 7
DOL drops litigation of Biden-era overtime rule; EEOC sues NYT for discrimination against white male employee; New Jersey finalizes employee classification rule.