Mila Rostain is a student at Harvard Law School.
In today’s News and Commentary, Amazon wins a preliminary injunction against enforcement of New York’s private sector bargaining law, ALJs resume deciding ULPs following the shutdown, and the CFPB tells the NTEU that it intends to make unilateral changes without bargaining.
Yesterday, the U.S. District Court for the Eastern District of New York granted Amazon’s request for a preliminary injunction of New York’s State Employment Relations Act amendment that would have allowed the state’s Public Employment Relations Board to assert jurisdiction in private-sector labor disputes when the Board is unable to act. Amazon sued in response to the Amazon Labor Union’s filing of an unfair labor practice charge with the New York Public Employment Relations Board. The court found that Amazon was likely to succeed on the merits of its claim that New York’s law is Garmon preempted by the NLRA. New York had argued that unique circumstances—the Board’s lack of quorum—justified an exception to preemption. The court noted that Garmon does not include such an exception. According to the court, when Congress created the quorum requirement, it understood that there might be instances where the NLRB lacked a quorum.
Also yesterday, an ALJ for the NLRB dismissed an unfair labor practice charge, the first ALJ decision since before the government shutdown. The California Federation of Teachers had argued that ArtCenter College of Design had failed to provide the union the opportunity to bargain over its plan to realign management structure. That plan included moving some unit members into management positions.
On Tuesday, the Consumer Financial Protection Bureau told the NTEU that it intends to impose unilateral changes to terms in its collective bargaining agreement. According to Bloomberg Law, the CFPB claimed that it would modify “CBA provisions that excessively interfere with management rights.” The CFPB claims the unilateral changes are necessary because the CFPB is facing a funding shortage after Trump’s omnibus bill that cut the amount of funding it can request from the Fed nearly in half. The CFPB’s decision comes after the NTEU filed a motion Sunday requesting that the U.S. District Court for the District of Columbia clarify that a failure to request additional funding would violate the court’s earlier decision that prohibited shutting down the agency.
Daily News & Commentary
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February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]
February 23
In today’s news and commentary, the Trump administration proposes a rule limiting employment authorization for asylum seekers and Matt Bruenig introduces a new LLM tool analyzing employer rules under Stericycle. Law360 reports that the Trump administration proposed a rule on Friday that would change the employment authorization process for asylum seekers. Under the proposed rule, […]
February 22
A petition for certiorari in Bivens v. Zep, New York nurses end their historic six-week-strike, and Professor Block argues for just cause protections in New York City.
February 20
An analysis of the Board's decisions since regaining a quorum; 5th Circuit dissent criticizes Wright Line, Thryv.
February 19
Union membership increases slightly; Washington farmworker bill fails to make it out of committee; and unions in Argentina are on strike protesting President Milei’s labor reform bill.
February 18
A ruling against forced labor in CO prisons; business coalition lacks standing to challenge captive audience ban; labor unions to participate in rent strike in MN