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 22
U.S. employers spend $1.7B on union avoidance each year and the ICJ declares the right to strike a protected activity.
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.