In today’s news and commentary, Trump considers measures to return farm and hospitality workers to the US after deportation, Utah labor leaders make final push to get the “Protect Utah Workers” referendum on the state’s ballot, and hundreds of probationary National Oceanic and Atmospheric Administration employees were re-terminated.
At a cabinet meeting on Thursday, President Trump floated measures that would allow undocumented farm and hospitality industry workers to reenter the country legally after self-deporting for two months. Trump suggested that if these workers “go out in a nice way,” the administration would work with them to get them back to the country, “otherwise, they never come back.” This in response to pressure from farm and hotel owners’ concerns about labor shortages due to the planned mass deportations. The Bureau of Labor Statistics calculates that around 20% of the US labor force is comprised of foreign-born workers. While economists and business owners credit immigration with filling vacancies, the administration has accused foreign-born workers of stealing Americans’ jobs. Trump also suggested that if a farmer identified certain crucial workers, the administration would “slow it down a bit for them,” presumably meaning these workers would be lower priority for arrest, detention, and deportation. The administration still intends for these workers to exit the country as part of fulfilling a campaign pledge to conduct a history-making mass deportation of immigrants from the United States.
Utah labor leaders have four days remaining to collect enough signatures to put a referendum on the ballot to repeal a state law prohibiting public sector bargaining. With its passing in February of this year, the bill made Utah one of the three most restrictive states for public sector unions, alongside North and South Carolina. As Otto reported, a coalition of workers and unions organized a campaign to repeal the law through ballot referendum. The campaign is required to get 140,748 signatures, or 8% of registered voters statewide, as well as meet that 8% threshold in at least 15 of Utah’s 29 Senate districts. The campaign organizers feel confident that they have met the statewide requirement the threshold in six districts. If the campaign succeeds, opposition is afforded 45 days to contact signers and convince them to rescind support. Already, the Utah chapter of Americans For Prosperity – funded by the Koch brothers – is running advertisements with the slogan “Decline to Sign.”
Yesterday, hundreds of workers at the National Oceanic and Atmospheric Administration (Noaa) received letters informing them that their jobs had yet again been terminated. Noaa employees perform vital climate research. Probationary employees at the agency were among the nearly 16,000 federal employees terminated in February. In mid-March, following a federal court order, these Noaa employees were rehired and then immediately placed on administrative leave. The Supreme Court struck down this order on Tuesday, ruling that the non-profits suing on behalf of the workers lacked standing. Acting General Counsel of the US Department of Commerce, John Guenther, sent a two paragraph letter to Noaa staff explaining the termination-reinstatement-administrative leave process and the lifting of the temporary restraining order protecting their jobs. He then wrote that the department was reverting the termination action to its original effective date. It is not clear whether those fired will receive the pay they are due for the interim weeks. Many of the terminated employees were classified as probationary because of recent promotions or transfer from contract to full-time work. Among the 800 positions terminated are scientists who track and model severe weather patterns and researchers contributing to global understanding of the impact of a warming planet.
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October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests
October 2
AFGE and AFSCME sue in response to the threat of mass firings; another preliminary injunction preventing Trump from stripping some federal workers of collective bargaining rights; and challenges to state laws banning captive audience meetings.
September 30
the NTEU petitions for reconsideration for the CFPB layoff scheme, an insurance company defeats a FLSA claim, and a construction company violated the NLRA by surveilling its unionized workers.