Kaitlin Knocke is a student at Harvard Law School.
In today’s news and commentary, the NLRB’s General Counsel identifies seven pending cases in which she is seeking to overturn Biden-era precedent, Starbucks Workers United calls for a nationwide boycott, and more than 1,300 Encore Boston Harbor workers authorize a strike.
Yesterday, National Labor Relations Board General Counsel Crystal Carey identified seven pending cases in which her office is asking the Board to overturn Biden-era precedent governing several significant areas of labor law. The targeted precedents address captive-audience meetings, severance agreements, workplace rules, dress codes, employer predictions about the effects of unionization, consent orders, and waiver of bargaining rights. Carey’s memo comes shortly after Republican Member James Macy joined the Board, giving Republicans a 3-1 majority and the ability to overturn Board precedent. Carey had previously declined to issue the traditional “mandatory submission” memorandum outlining a new General Counsel’s enforcement priorities, instead emphasizing the agency’s massive case backlog. According to Wednesday’s memo, the agency has since completed investigations in nearly 9,250 cases, reducing the number of cases awaiting determination in regional offices by more than 50 percent. Carey also identified several other precedents she intends to challenge if an appropriate case arises, including Cemex’s bargaining-order framework, Thryv’s expanded remedies, Miller Plastic and Lion Elastomers’ standards for protected concerted activity, and Valley Hospital’s rule governing post-contract-expiration dues checkoff.
Earlier this week, Starbucks Workers United, which represents more than 12,000 baristas, called for a nationwide boycott of Starbucks until the company reaches a contract with unionized workers and ends what the union describes as union-busting. The union is seeking a minimum $17 hourly wage, sufficient hours, improved staffing, and stronger workplace protections, and says more than 550 unfair labor practice charges against Starbucks remain unresolved. The boycott comes amid years of organizing at the coffee chain and stalled negotiations over a first collective bargaining agreement. Starbucks responded that it provides competitive pay and benefits and remains committed to productive bargaining.
Finally, more than 1,300 workers at Encore Boston Harbor have voted to authorize a strike as negotiations continue ahead of the August 31 expiration of their collective bargaining agreement. The workers, represented by UNITE HERE Local 26 and Teamsters Local 25, are seeking wage increases of $10 per hour over three years for non-tipped workers and $5 per hour over three years for tipped workers, alongside protections for health and pension benefits. Teamsters members voted 97% in favor of authorizing a work stoppage. No strike has yet been announced, and negotiations remain ongoing. Workers at the casino similarly authorized a strike during 2023 bargaining before ultimately reaching an agreement without walking off the job.
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August 27
NLRB GC targets Biden-era precedent; Starbucks Workers United calls for boycott; Encore Boston Harbor workers authorize strike
August 26
Trump administration proposes $103,000 H-1B visa fee after court blocks earlier attempt; Illinois governor signs law enabling state investment in AFL-CIO housing trust; Deloitte pays $21.5 million to settle DOJ probe alleging DEI-related discrimination in federal contracts.
August 25
Hyundai workers reach a tentative agreement; Federal-sector unions sue the Trump Administration over OPM rule changes; Federal judge dismisses a teachers’ union free speech suit.
August 24
Boeing engineers and technicians reject contract proposals and authorize a strike; Ninth Circuit holds that unions charged under 8(b)(4)(D) cannot invoke the work-preservation defense to disregard 10(k) determination.
August 23
Hyundai Motors workers launch full-day strike; federal judge rules in favor of Vermont dairy plant in closure dispute
August 21
Tyson workers respond to abrupt plant shutdown; DOL ends its power to police federal contractor bias.