Anjali Katta is a student at Harvard Law School.
In today’s news and commentary, CFPB mass layoffs paused again, Mine Safety agency rejects union intervention, and postdoctoral researchers petition for union election.
A temporary pause on mass firings at the Consumer Financial Protection Bureau (CFPB) has been restored. After a trial court initially blocked the administration from mass firings, the appeals court modified that order to allow the CFPB to continue its lay-off program with a “particularized assessment” showing that any fired workers were not necessary for the agency to perform their legal duties. The pause comes after internal emails revealed that agency leaders rushed to fire 90% of workers after the appellate court ruling that had allowed the layoff process to move ahead.
The Mine Safety and Health Administration (MSHA) rejected union intervention in challenge to the agency’s silica suit. MSHA argued that the motion to intervene—filed by the United Mine Workers of America and the United Steelworkers—was untimely and failed to show that the agency was not adequately representing the public interest. MSHA further contended that the unions had not sufficiently established associational standing to bring the case. The unions wanted to join the lawsuit to defend a rule that requires employers to limit the amount of silica dust in the air in mines. The rule, which was to take effect on April 14th, was challenged by an industry group with MSHA issuing a notice temporarily pausing enforcement of the final rule the day after the challenge. The Eighth Circuit paused the rule compliance deadlines while it determines whether to grant or deny an administrative stay.
Postdoctoral researchers at the University of Pennsylvania have filed a petition with the NLRB to form a union. Of the 1,500 postdoctoral researchers, 1,000 have signed authorization cards in support of forming “Research Associates and Postdocs United,” affiliated with the UAW. This petition follows a similar filing by 1,600 postdoctoral researchers at Johns Hopkins University, also seeking recognition under the UAW. Postdoctoral researchers have cited concerns about inadequate wages, limited healthcare coverage, and insufficient workplace protections. International researchers have also raised issues related to visas, travel, and reimbursement. If successful, these postdoctoral researchers will join 17 other bargaining units representing more than 12,000 postdoctoral researchers nationwide.
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October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
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.