Kaitlin Knocke is a student at Harvard Law School and a member of the Labor and Employment Lab.
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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October 7
DOL scraps plan to remove decades-old wage-and-hour guidance from federal regulations; New York enacts personnel records access law; Starbucks loses bid to dismiss Workers United trademark suit.
October 6
Protect College Sports Act dampens athlete unionization outlook; Stanford RA union decides to withdraw petition
October 5
Delaware bans captive audience meetings; EEOC settles remote work national origin discrimination claim; First Circuit stays enforcement order in VA's dispute with AFGE.
October 4
Boston nurses announce open-ended strike; federal judge restores federal prison workers' union protections; St. Louis workers form the first movie theater union in Missouri.
October 2
Gov. Newsom signs bill regulating AI in workplace; federal judge blocks Trump's $100,000 H-1B visa fee.
October 1
Senate confirms Keith Sonderling as Labor Secretary; Amazon warehouse workers launch an unfair labor practice strike.