John Fry is a student at Harvard Law School.
In today’s news and commentary, D.C. Circuit reinstates Wilcox; DOL attempts to trim workforce again; and unions split regarding Trump tariffs.
The full D.C. Circuit has restored NLRB Member Gwynne Wilcox to her seat, undoing a panel decision which had kept Wilcox sidelined pending full consideration of her case. Monday’s order reinstating Wilcox emphasized that the Supreme Court has expressly declined to overturn Humphrey’s Executor in recent cases and emphasized that lower courts must “follow extant Supreme Court precedent unless and until that Court itself changes it or overturns it.” Four judges dissented from Monday’s decision, repeating arguments made by the D.C. Circuit panel in late March.
The Department of Labor is once again emailing its employees seeking to induce them to resign or retire. Labor Secretary Lori Chavez-DeRemer informed employees that until April 14th, the DOGE-backed programs known colloquially as the “fork in the road” will be reopened at the department. Chavez-DeRemer’s email also indicated that future attempts to reduce the size of the department’s workforce will be rolled out over the coming weeks.
President Trump’s sweeping tariffs on imported goods are dividing labor unions. While the Teamsters have supported the new tariffs and the United Auto Workers have endorsed the 25% tariff on foreign-manufactured cars, some unions and union members have been hesitant. For example, the president of the Chicago Federation of Labor suggested that a decline in foreign trade will hurt workers in supply-chain jobs, while some auto workers fear that the tariffs could cause a recession that hurts American carmakers more than the tariffs help them.
Daily News & Commentary
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November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers
November 14
DOT rule involving immigrant truck drivers temporarily stayed; Unions challenge Loyalty Question; Casino dealers lose request for TRO to continue picketing
November 13
Condé Nast accused of union busting; Supreme Court declines to hear Freedom Foundation’s suit challenging union membership cancellation policies; and AFT-120 proposes a “Safe Sleep Lots” program for families facing homelessness.
November 12
Starbucks and the NLRB face off over a dress code dispute, and mental healthcare workers face a reckoning with AI.