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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July 24
EEOC drops request for UPenn's Jewish staff; Starbucks defeats mail-in ballots; and Mamdani appoints Lina Khan.
July 23
Ninth Circuit affirms ban of transphobic books in school; leading demographer warns of impending labor shortage.
July 22
EDNY strikes down state labor board law; D.C. Circuit applies Loper Bright to NLRB; Joint employer bill reaches the House floor.
July 21
Fifth Circuit transfers an Anheuser-Busch NLRB case to the Eleventh Circuit; a new report makes the case for tripling union membership.
July 20
New York City weighs banning horse carriages despite union opposition; public defenders go on strike; cinema workers stage walkout.
July 17
Canadian wildfires endanger rail workers; 26 Meta employees allege targeted layoffs for those on paid leave; FIFPRO pushes for more rigorous heat protections for players.