OnLabor

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Category:From Senior Contributors

Guest Post: A Further Observation about Justice Scalia and Friedrichs

Oct 5, 2015 Catherine Fisk

Catherine Fisk is Chancellor’s Professor of Law at the University of California, Irvine. Given Justice Scalia’s consistent view that public employees have minimal free speech rights, doctrinal consistency should require him to reject the First Amendment challenge to union fair share fees in Friedrichs. As Professor Sachs points out, Justice Scalia (joined by Justice Kennedy) […]

Guest Post: N.L.R.B.'s Browning-Ferris Decision Could Reshape Contract and Franchise Labor

Aug 28, 2015 Catherine Fisk

Catherine Fisk is Chancellor’s Professor of Law at the University of California, Irvine. In the much-anticipated Browning-Ferris Industries case, the National Labor Relations Board yesterday decided in a split 3-2 vote to return to the common law test for when two corporations are joint employers, and therefore may be jointly responsible to bargain with the […]

Guest Post: Should Workplace Supervisors Wear Body Cameras?

Aug 27, 2015 Andrew Strom

Andrew Strom is Associate General Counsel of SEIU Local 32BJ. In the wake of several high profile incidents of police misconduct, there is growing support for proposals to require police officers to wear body cameras when they interact with the public. This call for body cameras has resonated because in several high profile cases, bystanders happened […]

Guest Post: Scalia May Be Critical Vote in Friedrichs v. California Teachers' Ass'n

Jun 30, 2015 Catherine Fisk

Catherine Fisk is Chancellor’s Professor of Law at the University of California, Irvine. The Court today granted review in Friedrichs v. California Teachers’ Ass’n. This suggests that four Justices may want to extend to public school teachers the right-to-work regime the Court imposed on home care workers in 2014 in Harris v. Quinn. That is […]

Guest Post: Can They Get Away With This? The Fifth Circuit Tries to Rewrite the NLRA

May 1, 2015 Andrew Strom

Andrew Strom is Associate General Counsel of SEIU Local 32BJ. On April 13th, the Fifth Circuit issued a decision in McKinney v. Creative Vision Resources, LLC, reversing a District Court’s grant of injunctive relief under Section 10(j) of the National Labor Relations Act. So far, the decision has not garnered a lot of attention, but in […]

Guest Post: Do Arguments Against Fair Share Fees Make it Harder for the Government to Privatize Services?

Apr 14, 2015 Andrew Strom

Andrew Strom is Associate General Counsel of SEIU Local 32BJ. Almost forty years ago, in Abood v. Detroit Bd. of Ed., the Supreme Court held that public sector employees cannot be required to pay union dues as a condition of maintaining their employment, but they can be required to pay fair share fees to cover the […]

Guest Post: Is There Really a Meaningful Difference Between Soliciting and Talking?

Dec 2, 2014 Andrew Strom

Andrew Strom is Associate General Counsel of SEIU Local 32BJ. One of the most common recurring issues in NLRB cases is the validity or application of an employer’s no-solicitation policy. Yet, after literally thousands of cases addressing this issue, the heated debate among Board members in a recent case, Conagra Foods, demonstrates that it’s time for […]

Guest Post: A RFRA Right to Collective Action?

Nov 10, 2014 Catherine Fisk

On October 28, David Rosenfeld filed a charge with the NLRB against Hobby Lobby on behalf of The Committee to Preserve the Religious Right to Organize. The charge alleges that “Within the last six months the above named employer has maintained policies in a Mutual Arbitration Agreement which violate[] the rights of employees to organize and to engage in other […]

Guest Post: Does Hobby Lobby Allow Gender Discrimination?

Nov 7, 2014 Catherine Fisk

Catherine Fisk is the Chancellor’s Professor of Law at University of California, Irvine. The Supreme Court’s ruling in Burwell v. Hobby Lobby, 134 S. Ct. 2751 (2014), opens the door to employers claiming that the Religious Freedom Restoration Act grants them the right to discriminate against women when they claim that the discrimination is religiously […]

Guest Post: Can Unions Turn a Seventh Circuit Defeat Into a Victory?

Nov 6, 2014 Andrew Strom

Andrew Strom is Associate General Counsel of SEIU Local 32BJ. In July, the Seventh Circuit issued a decision in a long-running dispute between the Congress Plaza Hotel and Unite-Here Local 1. The court allowed a case to go to trial alleging that the Union engaged in unlawful coercive secondary activity. Some of the activity at issue […]

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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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Guest Post: A Further Observation about Justice Scalia and Friedrichs

Guest Post: N.L.R.B.'s Browning-Ferris Decision Could Reshape Contract and Franchise Labor

Guest Post: Should Workplace Supervisors Wear Body Cameras?

Guest Post: Scalia May Be Critical Vote in Friedrichs v. California Teachers' Ass'n

Guest Post: Can They Get Away With This? The Fifth Circuit Tries to Rewrite the NLRA

Guest Post: Do Arguments Against Fair Share Fees Make it Harder for the Government to Privatize Services?

Guest Post: Is There Really a Meaningful Difference Between Soliciting and Talking?

Guest Post: A RFRA Right to Collective Action?

Guest Post: Does Hobby Lobby Allow Gender Discrimination?

Guest Post: Can Unions Turn a Seventh Circuit Defeat Into a Victory?