Jacqueline Rayfield is a student at Harvard Law School.
In today’s News and Commentary, the NLRB general counsel vows not to succumb to pressure from SpaceX, Amazon, and others, the NLRB will seek make-whole remedies for unlawful work rules, and the LA County Federation of Labor joins the call for a ceasefire in Gaza.
Attorneys from SpaceX, Amazon, Trader Joe’s and Starbucks all argued in recent months that the NLRB is unconstitutional. NLRB general counsel, Jennifer Abruzzo, accused these companies of jumping on the bandwagon of challenging the NLRB instead of spending money “improving their workers’ lives and their own workplace operations.” The most serious challenge by SpaceX and others was filed in Texas earlier this year claiming that NLRB adjudication violates SpaceX’s right to a jury trial and administrative law judges (ALJs) should be easier to remove.
Abruzzo issued a memo earlier this week urging the NLRB to seek full remedies for all victims of unlawful conduct. The memo clarifies that victims of unlawful conduct include employees harmed by unlawful work rules or contract terms. Simply removing an unlawful rule is not enough, Abruzzo explains, and does not remedy the chill caused by the rule in the first place. Instead, the board should also seek to expunge any previous discipline under the unlawful rule and provide make-whole relief.
The Los Angeles Federation of Labor released a statement explaining: “The death toll in Gaza has already been unbearable, and it threatens to spiral exponentially if the course of the war is not altered. We cannot bomb our way to peace.” The Federation represents more than 300 unions and labor groups in the LA area and joins other major unions in calling for a ceasefire.
Daily News & Commentary
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May 1
Workers and unions organize May Day; and Volkswagen challenges NLRB regional directors.
April 30
US Circuit Court of Appeals renders decision on Jefferson Standard test; construction subcontractors settle over wage theft in Minnesota; union and immigrant groups urge walkout.
April 29
DOJ sues for discrimination against US citizens; Musk and DOJ pause litigation on AI discrimination bill; USTR hosts forced labor tariff hearings.
April 28
Supreme Court grants cert on Labor Department judges' authority; Apple store union files NLRB charge; cannabis workers win unionization rights
April 27
Nike announces layoffs; Tillis withdraws objection on Fed nominee; and consumer sentiment hits record low.
April 26
Screenwriters in the Writers Guild of America vote to ratify a four-year agreement with the Alliance of Motion Picture and Television Producers, and teachers in Los Angeles vote to ratify a two-year agreement with the Los Angeles Unified School District.