Last week on the blog, we wrote about why the NLRB should withdraw the Hy-Brand decision (here and here)—in short, because a Board member who voted for the result, William Emanuel, should have recused himself (his former law firm represented one of the companies in the Browning-Ferris case). Hy-Brand overruled Browning-Ferris, thus reinstating a joint-employer standard under which it is more difficult to establish a joint-employer relationship. On Monday, the NLRB vacated Hy-Brand, following a determination by an internal ethics official that Emanuel’s participation was a conflict-of-interest, and that he should not have participated in the proceeding.
In an op-ed for the Atlantic, Derek Thompson argues that more immigration is the key to the economic growth President Trump seeks. The Trump administration’s latest budget projects 3% annual GDP growth through 2025. Thompson emphasizes that this level of GDP growth is “exquisitely rare” in developed countries (the average in the U.S. since the Great Recession has been 2%). More workers, according to Thompson, are the key to driving up productivity in an advanced economy. Because U.S. birthrates are in a “lull” (which Thompson recognizes might be consequent of things like gender equality), immigration is the remaining viable route to higher growth.
In the wake of the school shooting in Florida earlier this month, President Trump has advocated for arming teachers. What do teachers think of this? Some teachers’ associations and unions have since spoken out against the suggestion. The President of the National Education Association said that arming school staff was a proposition overwhelmingly rejected by parents and educators. The President of the American Federation of Teachers (AFT) said, “[t]eachers don’t want to be armed, we want to teach,” and questioned the practicality of a program that armed teachers.
Finally, the Supreme Court heard oral argument in Janus yesterday. The Washington Examiner, NPR, and SCOTUSblog, each covered the oral argument. Notably, Justice Gorsuch remained silent. As this coverage pointed out, because he is believed by many to be the determinative vote, oral argument provided little additional information about the likely outcome of the case.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
May 21
UAW backs legal challenge to Trump “gold card” visa; DOL requests unemployment fraud technology funding; Samsung reaches eleventh-hour union agreement.
May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.
May 15
SEIU 32BJ pioneers new health insurance model; LIRR unions approach a strike; and Starbucks prevails against NRLB in Fifth Circuit.