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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October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.
October 12
Workers at the Obama Foundation begin organizing; MLB submits its latest collective bargaining agreement proposal; Brigham & Women's nurses postpone strike.
October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.
October 9
DHS proposes a $100k fee for the foreign grad employment program; Trump suspends tech company access to green card program; and private equity perpetuates poor working conditions for home care workers.