Recently Bloomberg reported that the Office of Labor Management Standards of the U.S. Department of Labor (the DOL) has reason to believe that the Centro de Trabajadores Unidos en La Lucha (CTUL) is a “labor organization” under the Labor Management Reporting a... More »
I often criticize the Trump NLRB for taking too narrow a view of workers’ rights, creating an inevitable clash with First Amendment principles. But recently, I’ve had the opposite complaint: the Board and its General Counsel have been taking too broad a view o... More »
My new book, How the Working Class Can Help the Middle Class: Reintroducing Non-Majority Collective Bargaining to the American Workplace, verifies and explains the legal basis of a little-known collective bargaining process, to wit, members-only minority-union... More »
The Trump NLRB is receiving comments on its proposed rule to exclude university teaching and research assistants who are also graduate students from the coverage of the National Labor Relations Act. That proposal has generated a fair amount of media coverage ... More »
Now that the General Motors strike is over, it’s a good time to reflect on how a recent Trump NLRB decision creates perverse incentives to unnecessarily prolong strikes. In July, in Wal-Mart Stores, Inc., without any meaningful analysis, the Trump NLRB membe... More »
In early 2017, the U.S. Chamber of Commerce put out its top 10 wish list for changes it wanted to see at the National Labor Relations Board. It took a little while for the NLRB to get going on the Chamber’s agenda, because President Trump’s corporate appointee... More »
Harvard University’s graduate student union (HGSU-UAW) has announced that they will hold a strike authorization vote beginning October 15. A two-thirds vote of the membership will allow the negotiating committee to call a strike. I thought it might be us... More »
On Tuesday the Supreme Court heard oral arguments in a group of cases that will determine whether Title VII’s prohibition against discrimination because of sex extends to discrimination because of sexual orientation and gender identity. The unifying theme was... More »
In 2016, Donald Trump was able to win Pennsylvania, Michigan, and Wisconsin in part by promising that he would care about the needs of regular working people. But as 2020 approaches, Trump’s appointees to the National Labor Relations Board are making it much ... More »
Donald Trump’s appointees on the National Labor Relations Board seem to have come to the conclusion that he’s going to be a one-term President, so they are racing as fast as they can to chip away at workers’ rights. A couple of weeks ago I wrote a post nomina... More »
Sharon and I have a piece up at WaPo today making the case that California should follow AB5 with a new law that gives gig workers the right to form unions and collectively bargain with their employers. More »
This is the second part of a two-part post on AB5. A concern that has been articulated about extending generally applicable labor regulation to the platform economy is that such regulation would benefit the big players while making it more difficult for smalle... More »