Divya Nimmagadda is a student at Harvard Law School.
In today’s labor news: SEIU president announces plans to step down and judges order Starbucks to reinstate unlawfully-dismissed, pro-union employees.
Mary Kay Henry has been president of the Service Employees International Union (SEIU) for fourteen years and was the first women elected to the position. The SEIU has a membership of almost two million workers across the healthcare, public sector and property services industries. Her leadership was instrumental in the “Fight for $15” campaign which sought to organize fast-food workers and advocate towards an industry-wide $15 minimum wage. This initiative has been credited with enacting wage changes in major cities, including Chicago and New York, and the discussion in some states, like California, has progressed beyond the original ideal to a $20 minimum.
Related to this theme of industry-centric changes, in 2019, Henry introduced the “Unions for All” campaign. This vision elevated the concept of sectoral organizing where labor activism, instead of organizing employer-by-employer, is focused on creating unions across industries, and sometimes across geographies. This approach, common in many European countries, is beginning to gain traction in the U.S. with the creation of some state-wide councils to set sector-wide health, safety and/or wage standards in the fast-food and healthcare industries. Many political candidates, including Joe Biden, Elizabeth Warren and Pete Buttegieg, incorporated aspects of “Unions for All” into their platforms.
The union will elect Henry’s successor through a delegate vote at the quadrennial convention in May.
An administrative law judge, Robert Ringler, found that Starbucks violated the NLRA by firing ten pro-union employees across several Buffalo locations – the company outright fired nine employees for their union-related activities and constructively dismissed another by refusing to accommodate her scheduling needs. This decision has been hailed as a “monumental victory,” by Starbucks Workers United.
Another judge, Mara Louise Anzalone, came to a similar conclusion about like conduct in two Colorado locations, finding that the dismissal of two pro-union employees constituted a violation of Section 8(a)(3) of the NLRA. Both judges ordered that Starbucks reinstate each of the employees, with backpay. These decisions will need to be adopted by the full NLRB, and Starbucks has commented that it intends to seek further legal review.
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March 17
West Virginia passes a bill for gig drivers, the Tenth Circuit rejects an engineer's claims of race and age bias, and a discussion on the spread of judicial curtailment of NLRB authority.
March 16
Starbucks' union negotiations are resurrected; jobs data is released.
March 15
A U.S. District Court issues a preliminary injunction against the Department of Veterans Affairs for terminating its collective bargaining agreement, and SEIU files a lawsuit against DHS for effectively terminating immigrant workers at Boston Logan International Airport.
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.