John Fry is a student at Harvard Law School.
In today’s news and commentary, the Supreme Court hears cases about 10(j) injunctions and forced arbitration; and workers increasingly strike before earning a first union contract.
The Supreme Court is hearing oral argument today in a case regarding what standard courts should apply to the NLRB’s requests for 10(j) injunctions. These injunctions allow the agency to seek immediate relief in time-sensitive cases, for example when union supporters are unlawfully fired shortly before a union election. Four circuit courts currently apply their typical multi-factor test for injunctions to 10(j) requests, while five other circuits focus on whether the likelihood of a labor law violation makes a 10(j) injunction “just and proper.” Data suggest that the two tests yield similar results in court. This case arises out of an injunction that the NLRB obtained against Starbucks after it fired a group of workers known as the “Memphis Seven” at a Tennessee store.
The Court also heard oral argument yesterday in Smith v. Spizzirri, which presents the question of whether courts should stay or dismiss employment lawsuits pending the outcome of mandatory arbitration. While 65% of low-wage workers are bound by forced arbitration clauses, which the Supreme Court has been eager to find enforceable, there is a circuit split regarding how courts should process cases bound for arbitration. In four circuits, courts may dismiss these cases in order to reduce strain on their dockets. Six other circuits instead require that these cases be put on hold. Employment law experts have argued that dismissal is actually better for workers, because it allows them to immediately appeal the enforceability of the arbitration agreements that bind them.
Recent data indicates that newly unionized workers are increasingly striking before they win their first union contract. Bloomberg Law reports that over one-third of strikes in 2022 and 2023 fit this description, more than double the previous rate. The uptick in pre-contract strikes may be related to the ever-more-lengthy delays that unions face in bargaining first contracts, which now average over 500 days.
Daily News & Commentary
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July 7
LA economy deals with fallout from ICE raids; a new appeal challenges the NCAA antitrust settlement; and the EPA places dissenting employees on leave.
July 6
Municipal workers in Philadelphia continue to strike; Zohran Mamdani collects union endorsements; UFCW grocery workers in California and Colorado reach tentative agreements.
July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]