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.
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February 27
The Ninth Circuit allows Trump to dismantle certain government unions based on national security concerns; and the DOL set to focus enforcement on firms with “outsized market power.”
February 26
Workplace AI regulations proposed in Michigan; en banc D.C. Circuit hears oral argument in CFPB case; white police officers sue Philadelphia over DEI policy.
February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.
February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]
February 23
In today’s news and commentary, the Trump administration proposes a rule limiting employment authorization for asylum seekers and Matt Bruenig introduces a new LLM tool analyzing employer rules under Stericycle. Law360 reports that the Trump administration proposed a rule on Friday that would change the employment authorization process for asylum seekers. Under the proposed rule, […]
February 22
A petition for certiorari in Bivens v. Zep, New York nurses end their historic six-week-strike, and Professor Block argues for just cause protections in New York City.