
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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August 28
contested election for UAW at Kentucky battery plant; NLRB down to one member; public approval of unions remains high.
August 27
The U.S. Department of Justice welcomes new hires and forces reassignments in the Civil Rights Division; the Ninth Circuit hears oral arguments in Brown v. Alaska Airlines Inc.; and Amazon violates federal labor law at its air cargo facility in Kentucky.
August 26
Park employees at Yosemite vote to unionize; Philadelphia teachers reach tentative three-year agreement; a new report finds California’s union coverage remains steady even as national union density declines.
August 25
Consequences of SpaceX decision, AI may undermine white-collar overtime exemptions, Sixth Circuit heightens standard for client harassment.
August 24
HHS cancels union contracts, the California Supreme Court rules on minimum wage violations, and jobless claims rise
August 22
Musk and X move to settle a $500 million severance case; the Ninth Circuit stays an order postponing Temporary Protection Status terminations for migrants from Honduras, Nicaragua, and Nepal; the Sixth Circuit clarifies that an FMLA “estimate” doesn’t hard-cap unforeseeable intermittent leave.