When Donald Trump was elected, one of the top priorities for the Chamber of Commerce at the NLRB was to overturn the Specialty Healthcare decision that clarified the test for determining when a union’s proposed bargaining unit must include an additional group ... More »
According to CNN’s exit polls, Donald Trump won the Presidency due to his support among voters who were over 45. Hillary Clinton was favored by 53% to 39% for voters under age 45, while Trump won older voters by a 52% to 44% margin. I’m sure very few of thos... More »
When the Supreme Court issued its decision in New Prime Inc. v. Oliveira last week, it was reported as a win for workers. While that’s true, it was more like winning a consolation game after a bad call by a ref deprived you of your rightful place in the champ... More »
When three Republican appointees on the D.C. Circuit tell the NLRB that its approach to an issue is “without foundation in the Act, relevant case law or any general legal principle,” you might think the Trump appointees on the Board would take heed. But,... More »
If you don’t know about the Powell Memo, you should. And, if you’ve heard of it, but haven’t read it, you ought to read it. The Powell Memo, written in 1971 by future Supreme Court Justice Lewis Powell to the Chairman of the Education Committee of ... More »
Louis Brandeis famously wrote “publicity is justly recommended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” We now live in a world where citizens, armed with c... More »
I wrote about the now-infamous case where Brett Kavanaugh dissented from an opinion upholding a fine by the Occupational Safety and Health Administration (OSHA) against SeaWorld after a killer whale lived up to its name by killing a trainer. As a result of th... More »
The Trump appointees on the NLRB have proposed a new “joint employer” rule that they claim will foster “predictability and consistency.” But, it is readily apparent that the proposed rule will not accomplish these goals. The proposed rule will, however, resul... More »
Earlier this month, Missourians reminded us that there were a lot of pro-union Trump voters. Some of these voters just care more about other issues, but others probably don’t realize how much Trump is trying to strip away the few rights workers have under ou... More »
In ruling on a case involving the rights of telephone company employees to wear union t-shirts while they were working, Brett Kavanaugh began his opinion with the observation that “common sense sometimes matters in resolving legal disputes.” But, as the case ... More »
In 2010, a trainer at SeaWorld drowned when the killer whale she was working with during a performance “grabbed her and pulled her off the platform into the pool, refusing to release her.” The Occupational Safety and Health Administration (OSHA) investigated ... More »
It shouldn’t have come as a surprise to anyone that when faced with a choice between originalism and right-wing ideology, the Supreme Court’s two avowed originalists, Justices Gorsuch and Thomas, decided that they weren’t going to let doctrinal purity get in t... More »