
Finlay Adamson is a student at Harvard Law School.
In today’s news and commentary, a federal court lifts an injunction on the Trump Administration’s plan to eliminate bargaining rights for federal workers, and trash collectors strike against Republic Services in Massachusetts.
A three-judge panel of the 9th Circuit Court of Appeals lifted an injunction on the Trump Administration on Friday, allowing the President to go forward with his plan to eliminate the bargaining rights of thousands of federal workers. The injunction, issued by US District Court for the Northern District of California Judge James Donato in June 24th, prevented the Administration from enforcing an executive order invoking national security concerns as grounds to exclude a variety of federal agencies from the Federal Service-Labor Managment Relations Statute. Judge Donato found that the American Federation of Government Employees (AFGE) and the five other unions suing could likely succeed in demonstrating that the order retaliated against their exercise of First Amendment free speech rights. However, the Circuit Court found otherwise, with the 9th Circuit Panel finding that the President would have issued the Executive Order even in the absence of unions’ exercise of free speech. In response, AFGE National President Everett Kelley called the ruling “a setback for First Amendment rights in America”, but expressed confidence that the union would ultimately prevail in its suit.
A month-long strike by workers represented by Teamsters Local 25 continues against Republic Services in Massachusetts. The strike began on July 1st after negotiations between the Teamsters and Republic Services stalled, with Teamsters citing the company’s refusal to offer better pay and labor protections. Earlier this week, US District Court for the District of Massachusetts Judge Brian Murphy denied Republic Service’s request for an injunction and restraining order against the union for alleged unlawful striking activity, including the blocking of replacement collection trucks. In response, Teamsters Local 25 issued a public statement in which it rejected “Republic’s continued bogus claims of unlawful conduct” and argued that “Republic’s inability to provide adequate service is because they don’t have enough non-union drivers and the ones that they have are not capable of operating their trucks in an efficient manner.” Earlier in July, six cities and towns in the Greater Boston area attempted to file an injunction against Republic Services to compel the company to resume trash collection given public health concerns. Essex County Superior Judge Kathleen McCarthy-Neyman denied their request on July 29th. This summer has seen a wave of strikes by trash collectors: I recently covered nationwide strikes by trash collectors against Republic Services in Washington State, California, and Ohio, as well as a major strike in Philadelphia by municipal workers.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
August 3
In today’s news and commentary, a federal court lifts an injunction on the Trump Administration’s plan to eliminate bargaining rights for federal workers, and trash collectors strike against Republic Services in Massachusetts.
August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.