
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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August 28
contested election for UAW at Kentucky battery plant; NLRB down to one member; public approval of unions remains high.
August 27
The U.S. Department of Justice welcomes new hires and forces reassignments in the Civil Rights Division; the Ninth Circuit hears oral arguments in Brown v. Alaska Airlines Inc.; and Amazon violates federal labor law at its air cargo facility in Kentucky.
August 26
Park employees at Yosemite vote to unionize; Philadelphia teachers reach tentative three-year agreement; a new report finds California’s union coverage remains steady even as national union density declines.
August 25
Consequences of SpaceX decision, AI may undermine white-collar overtime exemptions, Sixth Circuit heightens standard for client harassment.
August 24
HHS cancels union contracts, the California Supreme Court rules on minimum wage violations, and jobless claims rise
August 22
Musk and X move to settle a $500 million severance case; the Ninth Circuit stays an order postponing Temporary Protection Status terminations for migrants from Honduras, Nicaragua, and Nepal; the Sixth Circuit clarifies that an FMLA “estimate” doesn’t hard-cap unforeseeable intermittent leave.