Divya Nimmagadda is a student at Harvard Law School.
Yesterday, the union representing Dartmouth College men’s basketball players filed an unfair labor charge with the NLRB. The complaint states that the College has repeatedly refused to bargain, in violation of their legal obligation under the NLRA. Dartmouth released a statement explaining the refusal and underscoring their belief that college players should not be considered statutory employees – “Dartmouth’s decades-long commitment to athletics is an extension of our academic mission, and we maintain that the regional director made an extraordinary mistake in finding these students are employees. In March, we appealed the regional director’s decision to the full NLRB and continue to await their review. In the meantime, we have declined to bargain with SEIU Local 560 on this matter. It is an unprecedented step in Dartmouth’s long history of labor negotiations, but it is the only lever we can engage to ensure this matter is reviewed by a federal court. We expected this action would result in their filing an unfair labor practice charge with the NLRB, which they did and which we will also appeal.”
Though Dartmouth has bargained with other unionized student groups, they have taken a different posture towards the players. As the College noted in their statement, they had appealed the original decision to categorize the players as employees, and the NLRB has accepted various amicus briefs related to that appeal. Professional sports unions have filed on behalf of the players while the NCAA has filed a brief in support of the College. One way or another, this question will likely make its way to a federal judge.
Two prominent Canadian railways who are currently in the midst of contentious labor negotiations – Canadian National Railway (CN) and Canadian Pacific Kansas City – are planning worker lockouts scheduled to go into effect today. The Teamsters, representing various worker groups at the railways, issued a 72-hour strike notice this past Sunday ahead of CN’s lockout notice. This is the first time the country is facing a simultaneous labor stoppage at both railroads.
The union’s main concern is around scheduling procedures for rail workers. The Canadian Teamsters are asking for more transparency around scheduling, motivated by concerns around fatigue-induced safety issues. The union states that CN wants to include a forced relocation provision in the agreement which would force workers to move across the country to fill labor shortages. As for CPKC, the union states that the railway wants to “gut the collective agreement of all safety-critical fatigue provisions.”
Such a stoppage implicates serious economic consequences for the United States’ economy given the integration of railroad networks. Both the U.S. and Canadian Chambers of Commerce issued warnings earlier this week about the “significant impact” on the countries’ economies and industries. Union Pacific’s CEO issued a letter to the Canadian Labor Minister encouraging mitigation and emphasizing that up to 2,500 Union Pacific Railroad cars headed for the U.S. could be disturbed. However, despite similar pleas from other industries, Trudeau and his government, to date, have so far refused to intervene. The stoppage is expected to impact several industries, including chemical manufacturers and bulk products that move by rail, like timber, construction materials, coal, grain and fertilizer.
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March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]