
Will Ebeler is a student at Harvard Law School.
In this weekend’s news and commentary, UAW plans to strike at a Kentucky Ford factory; Amazon claims that the NLRB is unconstitutional; and Starbucks shareholders push for disclosure of company’s spending on union-busting.
A local of the United Auto Workers is planning to strike at a Ford factory in Kentucky. Although the national UAW negotiated a master agreement last fall, individual local unions can bargain around local issues. The union represents roughly 9,000 workers at the factory and has been negotiating with Ford over health and safety issues at the plant. It plans to strike starting on Friday if the parties can’t reach a deal.
On Thursday, Amazon joined SpaceX and Trader Joe’s in arguing that the National Labor Relations Board is unconstitutional. It made its argument in a brief to an administrative law judge in a case about the company’s alleged retaliation against workers at its unionized Staten Island warehouse. Its arguments track those already made by SpaceX and Trader Joe’s: that the Board’s structure infringes on the Article II executive power, that the Board’s proceedings violate both Articles I and III, and that the Board’s proceedings violate the company’s right to a trial by jury. As Ben noted on Friday, John will be covering these arguments in greater detail.
Finally, on Friday a shareholder at Starbucks wrote an open letter to the Securities and Exchange Commission alleging that Starbucks has failed to disclose $240 million it spent union-busting. The shareholder is the Strategic Organizing Center, a coalition of North American unions. According to SOC, the information is necessary for “informed voting decisions” before the company’s annual shareholder meeting on March 13. SOC has nominated three candidates to Starbucks’s board of directors, including Wilma Liebman, a former member of the NLRB. According to SOC, the expenses include litigation, lost employee time, and liabilities associated with alleged labor law violations.
Daily News & Commentary
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June 20
Three state bills challenge Garmon preemption; Wisconsin passes a bill establishing portable benefits for gig workers; and a sharp increase in workplace ICE raids contribute to a nationwide labor shortage.
June 19
Report finds retaliatory action by UAW President; Senators question Trump's EEOC pick; California considers new bill to address federal labor law failures.
June 18
Companies dispute NLRB regional directors' authority to make rulings while the Board lacks a quorum; the Department of Justice loses 4,500 employees to the Trump Administration's buyout offers; and a judge dismisses Columbia faculty's lawsuit over the institution's funding cuts.
June 17
NLRB finds a reporter's online criticism of the Washington Post was not protected activity under federal labor law; top union leaders leave the Democratic National Committee amid internal strife; Uber reaches a labor peace agreement with Chicago drivers.
June 16
California considers bill requiring human operators inside autonomous delivery vehicles; Eighth Circuit considers challenge to Minnesota misclassification law and whether "having a family to support" is a gendered comment.
June 15
ICE holds back on some work site raids as unions mobilize; a Maryland judge approves a $400M settlement for poultry processing workers in an antitrust case; and an OMB directive pushes federal agencies to use union PLAs.