John Fry is a student at Harvard Law School.
In today’s news & commentary, Trump cozies up with Longshoremen; student unions seek to lock in wins before administration change; and judge limits disclosure of students’ information to NLRB.
President-elect Trump has voiced his support for the International Longshoremen’s Association amid the union’s dispute with employers over the potential automation of jobs at ports across the Atlantic and Gulf Coasts. In a social media post, Trump claimed to have “studied automation” and argued that the potential job loss due to automation was not worth any corresponding rise in efficiency. Like the Teamsters, the ILA did not endorse a presidential candidate this year—unlike most large unions—and the ILA president has met with Trump multiple times.
Student unions are rushing to organize new bargaining units before the new Trump administration begins, anticipating a less student-union-friendly NLRB starting in January. The NLRB has, in the past, maintained the position that graduate students are ineligible for unions under the NLRA, and the issue has since become subject to partisan back-and-forth. Under the Obama administration, the agency allowed student unions, but the Trump administration pursued rulemaking to undo that decision. The Trump rule never took effect, but unions fear its potential revival in the new administration.
A federal judge also dealt a setback to student unions on Thursday, ruling that the NLRB’s requests for Vanderbilt to provide information about the members of a bargaining unit at the school failed to consider the school’s privacy obligations under the Family Educational Rights and Privacy Act (FERPA). While the agency had acknowledged that FERPA might impede the flow of information between the school and the agency, the judge concluded that the NLRB had not accommodated the limits imposed by FERPA in making requests from the school. This delay could prove relevant given the impending presidential administration change.
Daily News & Commentary
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November 6
Starbucks workers authorize a strike; Sixth Circuit rejects Thryv remedies; OPEIU tries to intervene to defend the NLRB.
November 5
Denver Labor helps workers recover over $2.3 million in unpaid wages; the Eighth Circuit denies a request for an en ban hearing on Minnesota’s ban on captive audience meetings; and many top labor unions break from AFGE’s support for a Republican-backed government funding bill.
November 4
Second Circuit declines to revive musician’s defamation claims against former student; Trump administration adds new eligibility requirements for employers under the Public Service Loan Forgiveness program; major labor unions break with the AFGE's stance on the government shutdown.
November 3
Fifth Circuit rejects Thryv remedies, Third Circuit considers applying Ames to NJ statute, and some circuits relax McDonnell Douglas framework.
November 2
In today’s news and commentary, states tackle “stay-or-pay” contracts, a new preliminary injunction bars additional shutdown layoffs, and two federal judges order the Trump administration to fund SNAP. Earlier this year, NLRB acting general counsel William Cowen rescinded a 2024 NLRB memo targeting “stay-or-pay” contracts. Former General Counsel Jennifer Abruzzo had declared that these kinds […]
October 31
DHS ends work permit renewal grace period; Starbucks strike authorization vote; captive-audience ban case appeal