Mila Rostain is a student at Harvard Law School and the Digital Director of OnLabor.
In today’s News and Commentary, a Colorado judge grants AFSCME’s motion to intervene to defend Colorado’s county employee collective bargaining law, Arizona proposes a constitutional amendment to ban teachers unions’ use of any public resources, and the NLRB is unlikely to use rulemaking to overturn precedent.
Yesterday, U.S. Magistrate Judge Varholak granted AFSCME’s motion to intervene to defend Colorado’s Collective Bargaining by County Employees Act, which is being challenged by the Douglas County Board of Commissioners. Under the law, which passed in 2022, county employees have negotiated numerous collective bargaining agreements throughout the state. According to Law360, the Douglas County Board of Commissioners had argued that AFSCME’s interests were identical to those of the defendants, the Governor and the Colorado Department of Labor and Employment Director. Citing Tenth Circuit precedent, Judge Varholak granted the motion to intervene because the government’s interests might not remain fully aligned with those of the union. AFSCME and the state defendants have filed motions to dismiss.
On Tuesday, Arizona lawmakers took the next step in advancing a constitutional amendment to restrict teachers unions’ use of public resources, including using school facilities for new employee orientations. Arizona’s House voted on the proposal, sending it to the Arizona Senate. If approved by the Senate, the proposition would go before Arizona voters. The amendment, if passed, would supersede all existing teachers unions’ contracts, ordinances, policies, or other agreements. In addition to preventing unions from using facilities for new employee orientations during working hours, the amendment would ban paid union leave and dues deduction. The president of the Arizona Education Association, Marisol Garcia, stated that “by taking away our collective voice,” Arizona lawmakers are “actually hurting the work and interests of the students in our schools.”
Finally, the NLRB has signaled that it does not intend to use rulemaking to overturn precedent. Industry groups had asked the NLRB to do so to overturn precedent. Bloomberg Law reports that at an American Bar Association conference on Wednesday, Board Member James Murphy indicated that in addition to being unlikely to use rulemaking, the NLRB would continue to observe the tradition of not changing precedent without three affirmative votes. As of yesterday, the Board faces a backlog of 482 pending cases.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
May 21
UAW backs legal challenge to Trump “gold card” visa; DOL requests unemployment fraud technology funding; Samsung reaches eleventh-hour union agreement.
May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.
May 15
SEIU 32BJ pioneers new health insurance model; LIRR unions approach a strike; and Starbucks prevails against NRLB in Fifth Circuit.