OnLabor

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Property Rights and Union Rights

Sep 5, 2022 Benjamin Sachs

As part of our Labor Day coverage, I’m posting my take on the Supreme Court’s decision in Cedar Point Nursery. OnLabor readers can access the full article on The Supreme Court Review’s website (for thirty days) and the article’s Introduction is posted below. The bottom line? Only by ignoring what the United Farm Workers actually […]

Do Union Logos Really Interfere with Patient Care?

Aug 31, 2022 Andrew Strom

President Biden’s appointees to the National Labor Relations Board have finally started overruling the disastrous anti-worker decisions issued by the Trump Board. In Tesla, Inc., the NLRB overruled a Trump-era decision and clarified that an employer must always demonstrate “special circumstances” to justify limits on workers’ right to display union insignia. Unfortunately, in their zeal […]

UK Striker-Replacement Law: ‘Criminal Offence’ Turned ‘Option for Business’

Aug 26, 2022 Jason Vazquez and Tiran Bajgiran

Last July, the UK government adopted a new law enabling employment agency staff — workers employed by private staffing firms to fill temporary positions at other businesses — to replace strikers, which effectively amounts to state-sanctioned strike breaking. “This was a criminal offence. Now it’s an option for business,” candidly tweeted business secretary Kwasi Kwarteng, perhaps letting slip […]

A Troubling Holding on Jurisdiction for NLRB Consent Orders

Aug 10, 2022 Kevin Vazquez

Last week, in NLRB. v. Constellium Rolled Products Ravenswood, LLC, a divided Fourth Circuit panel, led by two Trump appointees, held that it does not have jurisdiction to enforce an NLRB “consent order” — a Board order issued against a consenting party that has entered a settlement agreement — because the parties lack “adverseness,” meaning […]

The Flexibility to Be Paid in Chicken Sandwiches

Aug 8, 2022 Charlotte Garden

Last week, a Chick-fil-A franchise in Hendersonville, North Carolina made news by asking for “volunteers” to work at the store’s drive-through window at a rate of five entrees (and zero dollars) per hour worked. A store representative justified the arrangement by claiming “people who sign up for this chose it voluntarily.” This practice likely violates […]

A Canadian Proposal for Starbucks Bargaining

Jul 29, 2022 David Doorey

The recent wave of union organizing in the service sector has raised hopes that a fundamental transformation is occurring in the United States that will revitalize collective bargaining and bring millions of young workers into the labor movement. At the epicentre of this movement is a mass campaign to organize Starbucks’s employees. As of this […]

Labor and the End of the Roberts Court

Jul 14, 2022 Damon Silvers

The last month marked not just the temporary end of women’s constitutional right to choose, but also the permanent end of the current Supreme Court as a respected institution in American life. Dobbs v. Jackson Women’s Health and West Virginia v. EPA are the endgame conceptually (though I fear not practically) of the rot that […]

Roundtable on Law and Countervailing Power

Jul 7, 2022 Benjamin Sachs

At a moment when many are looking for new strategies to advance progressive political goals, The American Prospect and The Forge have published a roundtable-style discussion based on Kate Andrias’s and my article Constructing Countervailing Power: Law and Organizing in an Era of Political Inequality. In addition to Kate and me, the roundtable featured Steve […]

Rebooting Joint-Employer with Presumptions — A Modest Proposal

Jul 7, 2022 Sachin S. Pandya, Kate Griffith and Andrew Elmore

Coming soon: The return of the fight over joint-employer doctrine. Earlier this year, the National Labor Relations Board announced that it plans to amend the current joint-employer rule that a Trump-era NLRB adopted to supplant a broader legal standard. Good. NLRA joint-employer doctrine needs a serious reboot. Here, we offer an idea: Add industry-specific rebuttable […]

The Court’s “Major Questions Doctrine” Is a Canon of Deregulation — and Could Be Bad News for Labor

Jul 6, 2022 Tascha Shahriari-Parsa

Last week, in West Virginia v. EPA, the Court concluded that the Environmental Protection Agency (EPA) exceeded its authority under the Clean Air Act when it sought to regulate carbon dioxide emissions through a cap-and-trade system. West Virginia already has the damaging effect of severely limiting the EPA’s ability to “respond to the most pressing […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Property Rights and Union Rights

Do Union Logos Really Interfere with Patient Care?

UK Striker-Replacement Law: ‘Criminal Offence’ Turned ‘Option for Business’

A Troubling Holding on Jurisdiction for NLRB Consent Orders

The Flexibility to Be Paid in Chicken Sandwiches

A Canadian Proposal for Starbucks Bargaining

Labor and the End of the Roberts Court

Roundtable on Law and Countervailing Power

Rebooting Joint-Employer with Presumptions — A Modest Proposal

The Court’s “Major Questions Doctrine” Is a Canon of Deregulation — and Could Be Bad News for Labor