
Gurtaran Johal is a student at Harvard Law School.
In today’s news and commentary, the United Auto Workers (UAW) seek to oust President Shawn Fain ahead of next year’s election; Columbia University files an unfair labor practice (ULP) charge against the Student Workers of Columbia-United Auto Workers for failing to bargain in “good faith”; and the Environmental Protection Agency (EPA) terminates its collective bargaining agreement with four unions representing its employees.
Bloomberg Law reports that members of the UAW are seeking to oust President Shawn Fain prior to next year’s election. Shawn Fain is a 29-year member of the UAW, holding the roles of UAW Negotiator and International Representative before becoming the UAW President on March 26, 2023. He became the first UAW President elected directly, rather than through representatives, by its members, after leading a set of successful strikes against General Motors, Ford, and Stellantis in 2023. Workers at several local unions have started the process to remove Fain from his position, bringing forth allegations of financial misconduct and workplace retaliation. They are calling for an internal trial of Fain’s misconduct, a request that will likely be approved by Neil Barofsky, a court-appointed monitor who has been conducting an investigation of Fain.
Meanwhile, Columbia University filed a ULP charge against the Student Workers of Columbia-United Auto Workers, which represents over 3,000 graduate and undergraduate students at the university, arguing that the union has not bargained in “good faith.” The original contract expired on June 30th, and the ULP comes after negotiations between the university and the union halted, with only one bargaining session taking place on March 28th. Columbia, in its filing, claims that the union violated Sections 8(b)(1), 8(b)(3), and 8(d) of the National Labor Relations Act (NLRA), arguing that the union withheld negotiations over permissive subjects in order to delay bargaining until after the contract’s expiration date such that the union could strike. Columbia also claims that the union is seeking to bargain over matters unrelated to terms and conditions of employment and bargaining virtually rather than through face-to-face negotiations. Columbia believes that these actions demonstrate a lack of good faith and no intention to enter a new contract primarily over the terms and conditions of employment of student workers.
Lastly, the EPA terminated its collective bargaining agreement with four unions representing its employees. These four unions are the American Federation of Government Employees, the National Association of Government Employees, the Engineers and Scientists of California, and the National Association of Independent Labor. This move comes after the Department of Veteran Affairs also terminated its collective bargaining agreement with unions representing its employees, except for police, firefighters, and security. This is part of the Trump Administration’s push to “end collective bargaining agreements within the federal government.”
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August 14
Judge Pechman denies the Trump Administration’s motion to dismiss claims brought by unions representing TSA employees; the Trump Administration continues efforts to strip federal employees of collective bargaining rights; and the National Association of Agriculture Employees seeks legal relief after the USDA stopped recognizing the union.
August 13
The United Auto Workers (UAW) seek to oust President Shawn Fain ahead of next year’s election; Columbia University files an unfair labor practice (ULP) charge against the Student Workers of Columbia-United Auto Workers for failing to bargain in “good faith”; and the Environmental Protection Agency (EPA) terminates its collective bargaining agreement with four unions representing its employees.
August 12
Trump nominates new BLS commissioner; municipal taxpayers' suit against teachers' union advances; antitrust suit involving sheepherders survives motion to dismiss
August 11
Updates on two-step FLSA certification, Mamdani's $30 minimum wage proposal, dangers of "bossware."
August 10
NLRB Acting GC issues new guidance on ULPs, Trump EO on alternative assets in401(k)s, and a vetoed Wisconsin bill on rideshare driver status
August 8
DHS asks Supreme Court to lift racial-profiling ban; University of California's policy against hiring undocumented students found to violate state law; and UC Berkeley launches database about collective bargaining and workplace technology.