Ajayan Williamson is a student at Harvard Law School.
In today’s news and commentary, UAW declares victory in contested election at Kentucky battery plant; NLRB is down to one member for now; and public approval of unions remains near record highs nationally.
Yesterday, the United Auto Workers (UAW) claimed victory in a close election at a plant in Kentucky—but contested ballots could change the outcome. The plant was launched by BlueOval SK, a joint venture of Ford and South Korean company SK On, to produce batteries for electric vehicles. The union campaign has been underway since last November, and the UAW has accused the company of “an aggressive union-busting campaign” involving firings, retaliation, and “unlawful closed-door meetings to intimidate workers.” There is currently a 14 vote lead in favor of unionization—526 to 515—but that doesn’t include the 41 ballots the union claims were cast by ineligible workers. The eligibility of those voters could determine the final results of the election.
That dispute may be resolved by a hollowed-out NLRB. As Bloomberg Law reports, yesterday also marked the end of the term of appointment for NLRB member Marvin Kaplan. Kaplan was appointed during President Trump’s first term, and Trump elevated him to Chair after the purported firing of Gwynne Wilcox earlier this year. The expiration of Kaplan’s term leaves the NLRB down to just one member, for only the second time in the entire history of the Board. This state of affairs may be short-lived if Trump’s NLRB nominees are confirmed by the Senate when it returns from its August recess—but Kaplan’s exit gives Trump yet another opportunity to continue reshaping the Board. Regardless, as Marina explains, election disputes can still be resolved by a Hearing Officer or Regional Director before getting appealed to the Board, but BlueOvalSK might refuse to bargain while unresolved appeals are pending.
Finally, yesterday Gallup released the results from its yearly poll of public opinion on unions. This year, 68% of adults approved of labor unions. That figure reflects major changes over time. Gallup began the poll in 1936; public approval of unions hit its lowest point on record in 2009, clocking in at 48%. But public opinion steadily improved over the next decade, hitting 68% in 2021 and remaining steady at similar levels until today. Prior to the 2020s, union approval had not been this high since its peak in the 1950s and 60s. Despite multiple years of near-record approval, however, union membership has gone essentially unchanged in recent years: just 15% of respondents lived in a union household, and just 9% were members of a union themselves.
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January 30
Multiple unions endorse a national general strike, and tech companies spend millions on ad campaigns for data centers.
January 29
Texas pauses H-1B hiring; NLRB General Counsel announces new procedures and priorities; Fourth Circuit rejects a teacher's challenge to pronoun policies.
January 28
Over 15,000 New York City nurses continue to strike with support from Mayor Mamdani; a judge grants a preliminary injunction that prevents DHS from ending family reunification parole programs for thousands of family members of U.S. citizens and green-card holders; and decisions in SDNY address whether employees may receive accommodations for telework due to potential exposure to COVID-19 when essential functions cannot be completed at home.
January 27
NYC's new delivery-app tipping law takes effect; 31,000 Kaiser Permanente nurses and healthcare workers go on strike; the NJ Appellate Division revives Atlantic City casino workers’ lawsuit challenging the state’s casino smoking exemption.
January 26
Unions mourn Alex Pretti, EEOC concentrates power, courts decide reach of EFAA.
January 25
Uber and Lyft face class actions against “women preference” matching, Virginia home healthcare workers push for a collective bargaining bill, and the NLRB launches a new intake protocol.