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Category:National Labor Relations Board

July 17, 2022
News & Commentary

Swap Agrawal

On July 15, the NLRB posted updated data showing that union representation petitions filed at the NLRB have increased 58% during the first nine months of Fiscal Year 2022 (October 1, 2021 – June 30, 2022) up to 1,892 compared to 1,197 during the first three quarters of FY2021. The Board also stated that unfair […]

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 […]

Abruzzo’s New Proposal Could Reinvigorate the Duty to Bargain

Jul 5, 2022 Jason Vazquez

Last Friday, Counsel for Jennifer Abruzzo (General Counsel of the NLRB) filed a motion for summary judgment in Thrive Pet Healthcare v. International Association of Machinists & Aerospace Workers. The motion requests that the Board issue a remedial order requiring the employer to “make the bargaining-unit employees whole for the lost opportunity to engage in […]

June 20, 2022
News & Commentary

Nicholas Anway

In today’s news & commentary, the New York Times profiles a leading Starbucks union organizer, firings at SpaceX raise retaliation concerns, labor shortages at Amazon and construction companies present challenges nationwide, and the Uyghur Forced Labor Prevention Act takes effect. The New York Times published a profile on Jaz Brisack, the barista and Rhodes Scholar […]

June 16, 2022
News & Commentary

Miriam Shestack

US Well Services Inc., a company involved in oil production, must face a prospective class action lawsuit by former employees who were laid off due to the economic effects of Covid-19. Employees allege that the company’s failure to give at least 60 days advance notice of the layoffs violated the WARN Act. US Well invoked […]

June 10, 2022
News & Commentary

Hannah Finnie

The Government Accountability Office released a trio of reports about the U.S. unemployment insurance (UI) system and its successes and failures during the COVID-19 pandemic. The reports found that black applicants for UI were half as likely to receive benefits as white applicants. The reports also found that UI contributed to creating economic stability during […]

June 6, 2022
News & Commentary

Nicholas Anway

In today’s news & commentary, labor market gains remain uneven across sectors and subgroups, and Apple Store employees in Maryland organize ahead of a June 15th union election. On June 6, Axios reported that the pandemic has significantly changed the composition of the U.S. labor market. Although “roughly 96% of jobs lost during the pandemic […]

June 5, 2022
News & Commentary

Swap Agrawal

In this weekend’s news and commentary, Workers United alleged that Starbucks illegally retaliated against employees’ union activity by closing a store; New York lawmakers passed a bill targeting Amazon’s use of production quotas in its warehouses; and Microsoft president Brad Smith announced new principles for the company’s engagement with organized labor. On June 3, Bloomberg […]

May 22, 2022
News & Commentary

Swap Agrawal

In this weekend’s news and commentary, the United Steelworkers union filed charges with the NLRB against Chevron; the Third Circuit ruled that tweets by the publisher of the Federalist were not unlawful threats to workers; and President Biden urged Hyundai to partner with American union workers. On May 20, the United Steelworkers union (USW) filed […]

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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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July 17, 2022

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

Abruzzo’s New Proposal Could Reinvigorate the Duty to Bargain

June 20, 2022

June 16, 2022

June 10, 2022

June 6, 2022

June 5, 2022

May 22, 2022