In today’s news and commentary, the NLRB publishes its first decision since regaining a quorum; Minneapolis labor unions call for a general strike in response to the ICE killing of Renee Good; and federal workers rally in DC to show support for the Protecting America’s Workforce Act.

Yesterday, the NLRB published Satellite Healthcare (Santa Rosa), the Board’s first decision since regaining a quorum. Somewhat fittingly, the decision affirms the power of Regional Directors to certify election results when the Board lacks a quorum. In Satellite Healthcare, Board Members David Prouty, James Murphy, and Scott Mayer rejected the company’s request for review over an earlier decision by San Francisco Regional Director Jill Coffman. Regional Director Coffman previously certified a unit of workers who voted to join SEIU, United Healthcare Workers- West. Satellite, a provider of dialysis services, argued that the Regional Director was unable to certify the election or rule on the employer’s objections while the Board lacked a quorum. While multiple Courts of Appeals previously held that Regional Directors may exercise delegated authority in these circumstances under Section 3(b) of the NLRA, Satellite (and a host of other employers) argued that the Loper Bright decision undermines this reasoning. The Board rejected the employer’s argument on the basis that Loper Bright did not “call into question prior cases that relied on the Chevron framework.” 

Minneapolis labor unions are calling for a general strike on January 23rd in response to the ICE killing of Renee Good. Unions including the Amalgamated Transit Union (ATU) Local 1005, SEIU Local 26, UNITE HERE Local 17, CWA Local 7250, and St. Paul Federation of Educators Local 28 have joined the campaign for a day of “no work, no school, no shopping.” The action also enjoys the support of religious social justice group Faith in Minnesota and other community groups. Organized in response to the January 7th murder of Renee Good by ICE agent Jonathan Ross, the strike is part of a larger series of rallies against federal immigration enforcement in Minnesota; on January 11th, over 10,000 people marched to the site of Good’s killing to demand that ICE leave the state.

On Thursday, hundreds of federal workers and labor supporters rallied at the Capitol Building to support the passage of the Protecting America’s Workforce Act (PAWA). Hosted by the Federal Unionist’s Network, the event pressured the Senate to pass the bill that would reverse President Trump’s executive orders eliminating the union contracts of many federal agencies. PAWA passed 231-195 in the House in December, with the support of all Democratic legislators as well as 20 Republicans. If passed in the Senate and enacted into law, the legislation would restore collective bargaining rights for an estimated two-thirds of federal workers.