OnLabor

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Category:Unions & Organizing

Canadian Supreme Court Recognizes Public-Sector Employees’ Constitutional Right to Strike

Feb 4, 2015 Rachel Homer

This past Friday, January 30th, Canada’s Supreme Court held in a 5-2 decision that the Canadian constitution protects the right of public-sector employees to go on strike, as reported by the Huffington Post and the Globe and Mail. In this case, Saskatchewan Federation of Labour (S.F.L.) v. Saskatchewan, the Court struck down a Saskatchewan law […]

The NLRB's Purple Communications decision guarantees organizing workers access to employer e-mail and recalibrates the balance between employer property rights and employee organizing rights

Jan 15, 2015 Mark Kaltenbach

The facts The case arose when the Communication Workers of America (“CWA”) lost a Board election to represent employees of Purple Communications, a company that provides sign language interpretation services. The CWA filed objections and unfair labor practice charges, alleging among other things that a policy in the employee handbook prohibiting the use of the […]

The Blue Phoenix: If pushed, the current NLRB could recognize the legal status of members-only unions

Jan 14, 2015 Mark Kaltenbach

Introduction to members-only unions In his 2005 book The Blue Eagle at Work: Reclaiming Democratic Rights in the American Workplace, veteran labor law scholar Charles Morris asserts that, contrary to contemporary conventional wisdom, the National Labor Relations Act provides legal collective bargaining agent status to members-only unions. As their name suggests, members-only unions represent only […]

The NLRB's Election Rule

Dec 15, 2014 Benjamin Sachs

The NLRB has issued a Final Rule making some relatively minor changes to its procedures in union election cases. These are limited, commonsense changes that will improve the current procedures for running union elections. The improvements will come primarily from reducing (some) delay and improving information flow to workers – improvements that are badly needed. […]

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 […]

Is the NLRB Moving Toward Stronger Enforcement? A Backgrounder on HTH Corporation.

Dec 1, 2014 Rachel Homer

Recently, in a case called HTH Corporation (Pacific Beach Hotel), 361 NLRB No. 65 (Oct. 24, 2014), the NLRB ordered a repeat-offender employer to comply with unusually strict remedies for unfair labor practices. The decision has made a splash: commentators have taken notice, and questioned whether the decision indicates a shift towards enforcement with more bite. […]

Minority Unionism (sort of) Comes to VW Chattanooga

Nov 12, 2014 Benjamin Sachs

Volkswagen has a new policy governing labor-management relations at its Chattanooga, TN facility. The “Community Organization Engagement” policy, available here, establishes that VW will “allow eligible organizations the opportunity to engage in constructive dialogue with Volkswagen and its employees.” Under the policy, “organizations” are those that “exist for the primary purpose of representing employees and their […]

Labor Supports the People's Climate March

Nov 12, 2014 Antonia Domingo

Unions and environmentalists are not traditionally thought of as allies. Labor, the story goes, supports job growth in unionized sectors despite the environmental consequences. The environmental movement, in turn, has been deaf to concerns that environmental regulations threaten working people’s jobs. Yet unions and their members turned out in mass for the People’s Climate March, […]

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: 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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Canadian Supreme Court Recognizes Public-Sector Employees’ Constitutional Right to Strike

The NLRB's Purple Communications decision guarantees organizing workers access to employer e-mail and recalibrates the balance between employer property rights and employee organizing rights

The Blue Phoenix: If pushed, the current NLRB could recognize the legal status of members-only unions

The NLRB's Election Rule

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

Is the NLRB Moving Toward Stronger Enforcement? A Backgrounder on HTH Corporation.

Minority Unionism (sort of) Comes to VW Chattanooga

Labor Supports the People's Climate March

Guest Post: A RFRA Right to Collective Action?

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