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Brett Kavanaugh, “Common Sense,” and Class Prejudice

Published July 12th, 2018 -

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 »

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Watch Out Workers, Here Comes Brett Kavanaugh

Published July 10th, 2018 -

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 »

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The Kavanaugh Nomination and Labor

Published July 10th, 2018 -

Yesterday, President Trump nominated Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the Supreme Court.  Kavanaugh currently serves as a judge on the United States Appeals Court for the District of Columbia Circuit. He was nominated to the D.C. ... More »

Trump’s Justice Sticks it to Workers

Published May 24th, 2018 -

After the oral argument in Epic Systems Corp. v. Lewis, I wrote that the five Republican appointees on the Supreme Court would have to put their thumbs heavily on the scale for the employers to prevail. Sadly, it was no surprise that this is exactly what happe... More »

Alternative Facts at the NLRB

Published March 28th, 2018 -

Peter Robb, the NLRB General Counsel appointed by President Trump, has a change agenda for the agency.  He recently took two actions that have garnered a great deal of attention among Board watchers.  His announcements regarding a significant reorganization of... More »

Even Without Trump, Labor Law is Still Broken

Published March 23rd, 2018 -

So far, President Trump has appointed a Supreme Court Justice, Neil Gorsuch, who may cast the deciding vote to upend decades of settled labor law in two major cases, Epic Systems Corp. v. Lewis and Janus v. AFSCME; he has nominated dozens of right-wing lawyers... More »

Will the Court Consider the Facts in Janus?

Published February 28th, 2018 -

Mark Janus’s lawyers are desperate to have the Court decide Janus v. AFSCME without considering any facts.  Janus is an Illinois state employee, who is represented by AFSCME Council 31.  Like all other employees in his bargaining unit, he is required to pay fa... More »