John Fry is a student at Harvard Law School.
In today’s news & commentary, Trump cozies up with Longshoremen; student unions seek to lock in wins before administration change; and judge limits disclosure of students’ information to NLRB.
President-elect Trump has voiced his support for the International Longshoremen’s Association amid the union’s dispute with employers over the potential automation of jobs at ports across the Atlantic and Gulf Coasts. In a social media post, Trump claimed to have “studied automation” and argued that the potential job loss due to automation was not worth any corresponding rise in efficiency. Like the Teamsters, the ILA did not endorse a presidential candidate this year—unlike most large unions—and the ILA president has met with Trump multiple times.
Student unions are rushing to organize new bargaining units before the new Trump administration begins, anticipating a less student-union-friendly NLRB starting in January. The NLRB has, in the past, maintained the position that graduate students are ineligible for unions under the NLRA, and the issue has since become subject to partisan back-and-forth. Under the Obama administration, the agency allowed student unions, but the Trump administration pursued rulemaking to undo that decision. The Trump rule never took effect, but unions fear its potential revival in the new administration.
A federal judge also dealt a setback to student unions on Thursday, ruling that the NLRB’s requests for Vanderbilt to provide information about the members of a bargaining unit at the school failed to consider the school’s privacy obligations under the Family Educational Rights and Privacy Act (FERPA). While the agency had acknowledged that FERPA might impede the flow of information between the school and the agency, the judge concluded that the NLRB had not accommodated the limits imposed by FERPA in making requests from the school. This delay could prove relevant given the impending presidential administration change.
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March 17
West Virginia passes a bill for gig drivers, the Tenth Circuit rejects an engineer's claims of race and age bias, and a discussion on the spread of judicial curtailment of NLRB authority.
March 16
Starbucks' union negotiations are resurrected; jobs data is released.
March 15
A U.S. District Court issues a preliminary injunction against the Department of Veterans Affairs for terminating its collective bargaining agreement, and SEIU files a lawsuit against DHS for effectively terminating immigrant workers at Boston Logan International Airport.
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.