OnLabor

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Amazon’s Objections Show Labor Law’s Flaws

Apr 13, 2022 Andrew Strom

Workers at Amazon’s JFK8 warehouse on Staten Island voted by a margin of 2,654 to 2,131 in favor of unionizing with the independent Amazon Labor Union (ALU). If our labor laws worked, Amazon would now be required to bargain with ALU. But, instead of accepting the election results, Amazon is doing its best Donald Trump impression, claiming […]

How Far Will the Court Go in Allowing Forced Arbitration for Workers?

Mar 10, 2022 Andrew Strom

Reading the briefs in Southwest Airlines Co. v. Saxon, a case the Supreme Court will hear at the end of the month, I was reminded of two aphorisms. The first is “what a tangled web we weave when first we start to deceive,” and the second is Karl Marx’s observation that history repeats itself, the first […]

How Canadian Unions Responded to Vaccine Mandates, Protests, and Blockades

Mar 8, 2022 David Doorey and Rawan Abdelbaki

Not very often do events in Canada make global headlines. The recent protest convoy that occupied Ottawa for several weeks in February and shut down international borders proved the exception to the rule. The organizers of the protest were a mishmash of right-wing insurrectionists and QAnon delusionists seeking to end vaccine mandates, charge Prime Minister […]

The State of Labor in the State of the Union

Mar 3, 2022 Sharon Block

I think it is fair to say that based on President Biden’s first State of the Union (SOTU) address, the state of labor’s interests in the Biden Administration is strong. Even before President Biden entered the House Chamber Tuesday night, Biden sent a signal about how central the labor movement is to his presidency. Starting with […]

The Law & Politics of Noncompete Reform: A Cross-Border Perspective

Feb 24, 2022 Rachel Arnow-Richman and David Doorey

Noncompete reform is currently the rage in the United States. In recent years, numerous states have enacted laws limiting the reach of these agreements and proscribing their use with low-wage workers. Yet Ontario — Canada’s largest province — blew past its southern neighbor when it enacted an all-out ban on employee noncompetes late in 2021. Although bans […]

The Battle Over Bargaining Units

Feb 15, 2022 Andrew Strom

In American Steel Construction, the National Labor Relations Board will once again decide how much it will tolerate employer litigation over bargaining units as an antiunion weapon. The National Labor Relations Act was supposed to give workers a voice in governing their workplaces, but only six percent of private-sector workers in this country have the right […]

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 […]

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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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Amazon’s Objections Show Labor Law’s Flaws

How Far Will the Court Go in Allowing Forced Arbitration for Workers?

How Canadian Unions Responded to Vaccine Mandates, Protests, and Blockades

The State of Labor in the State of the Union

The Law & Politics of Noncompete Reform: A Cross-Border Perspective

The Battle Over Bargaining Units

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