
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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October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests
October 2
AFGE and AFSCME sue in response to the threat of mass firings; another preliminary injunction preventing Trump from stripping some federal workers of collective bargaining rights; and challenges to state laws banning captive audience meetings.