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The Surprising Agreement Between Uber and UFCW in Canada in Legal Context

Jan 31, 2022 David Doorey

Last week, Uber Canada and UFCW-Canada made a surprise announcement that they had reached “a historic national agreement” for representation rights affecting some 100,000 Uber workers in Canada. The “Agreement” has not been made public yet, but the press releases provide some details. Under the Agreement, Uber recognizes a right of UFCW to represent drivers and […]

Criminal Records, Employment Discrimination, and the Limits of Back-End Solutions

Jan 20, 2022 Benjamin Levin

For decades, activists, advocates, and academics have decried mass incarceration and its harms. At least 70 million people in the United States have some form of record — a record that carries with it numerous collateral consequences and marks its bearer as a target for discrimination and exclusion. In the labor market, people with criminal […]

GOP Senators Owe Judge Sung an Apology

Jan 19, 2022 Andrew Strom

In December, the Senate confirmed Jennifer Sung to a seat on the Ninth Circuit Court of Appeals by a 50-49 vote along party lines. Sung had been serving as one of the three members of the Oregon Employment Relations Board, a state agency that oversees labor relations in the public sector. During her four-year tenure […]

Why Canadian Employers Do Not “Permanently” Replace Strikers

Dec 6, 2021 David Doorey

Few aspects of the U.S. labor law model are more confounding to outsiders than the right of employers to hire “permanent” strike replacements. It seems absurd to insist that workers have a legally protected “right to strike” when their employer can simply hand their jobs to another person and then not give it back when […]

Jon Gruden and Labor Law Traps

Oct 19, 2021 Andrew Strom

When I talk to union organizers, I often remind them that labor law is full of traps for the unwary, and the recent resignation of Las Vegas Raiders’ head coach Jon Gruden reminded me of one of those traps. Gruden resigned in the wake of revelations that he had sent e-mails containing racist, sexist, and […]

In Case You Forgot How Anti-Union Trump’s Judges Are

Aug 25, 2021 Andrew Strom

In 2019, I wrote about how the NLRB’s decision in Ridgewood Health Care Centertook away one of the few effective remedies for employer misconduct. This was a case where a new employer took over a business and refused to hire the predecessor’s employees to avoid a bargaining obligation with the workers’ union. The old remedy […]

The Court’s Cedar Point Opinion – Haven’t I Seen This Movie Before?

Jun 30, 2021 Andrew Strom

When the current Supreme Court decides a labor case, it’s like watching top film stars in the third sequel to a movie franchise – you know how it’s going to turn out and you also know that you’re not going to see their best work. The 6-3 decision in Cedar Point Nursery v. Hassid is […]

As Growers Swing for the Fences in Cedar Point, Will They Strike Out?

Mar 29, 2021 Andrew Strom

At the Supreme Court oral argument in Cedar Point Nursery v. Haddid, Joshua Thompson, the lawyer representing the growers, staked out a revolutionary interpretation of the Fifth Amendment’s “takings” clause, while simultaneously insisting that accepting his theory would have hardly any real world consequences. When the Justices offered him a narrower path to victory, he […]

In Cedar Point, Will the Supreme Court Rewrite the Fifth Amendment?

Jan 27, 2021 Andrew Strom

This spring, the Supreme Court will hear a case, Cedar Point Nursery v. Hassid, challenging a forty-five year old California regulation that gives union organizers limited access to growers’ private property to talk to farmworkers during non-work time. Access matters because there are no public sidewalks adjoining the fields and farmworkers are typically transported to […]

The D.C. Circuit Reminds Us How Hard it Will be to Restore the Right to Organize

Oct 28, 2020 Andrew Strom

If Joe Biden wins the Presidential election and the Democrats win control of the Senate, then the Trump National Labor Relations Board will soon be just a bad memory. But, the D.C. Circuit’s recent decision in Davidson Hotel Co. v. NLRB is a reminder that changing the composition of the NLRB will not, by itself, […]

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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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The Surprising Agreement Between Uber and UFCW in Canada in Legal Context

Criminal Records, Employment Discrimination, and the Limits of Back-End Solutions

GOP Senators Owe Judge Sung an Apology

Why Canadian Employers Do Not “Permanently” Replace Strikers

Jon Gruden and Labor Law Traps

In Case You Forgot How Anti-Union Trump’s Judges Are

The Court’s Cedar Point Opinion – Haven’t I Seen This Movie Before?

As Growers Swing for the Fences in Cedar Point, Will They Strike Out?

In Cedar Point, Will the Supreme Court Rewrite the Fifth Amendment?

The D.C. Circuit Reminds Us How Hard it Will be to Restore the Right to Organize