Holt McKeithan is a student at Harvard Law School.
In today’s News and Commentary, the NLRB withdraws its objections to SpaceX’s constitutional challenge, Whole Foods asks the NLRB to set aside a union election in Philadelphia, and the AFL-CIO launches a campaign to push back against Musk.
The NLRB filed a letter with the Fifth Circuit indicating it would not address SpaceX’s challenge to the agency’s constitutionality. John has been tracking the progress of various constitutional challenges to the Board, none of which has yet been endorsed by a court. SpaceX’s primary argument is that the Board’s structure is unconstitutional because it limits the removal of ALJs and Board members. As of yet, no interested parties have stepped in to address SpaceX’s constitutional arguments in the NLRB’s stead.
Less than two weeks ago, workers at a Philadelphia Whole Foods grocery store voted to unionize. They were the first group of workers at the Amazon-owned chain to form a union. Now, the grocer is asking the NLRB to set aside that election. While Whole Foods alleged the union unlawfully interfered with the election, UFCW Local 1776 says that the claims are baseless and a stall tactic to delay bargaining
The AFL-CIO is launching the Department of People Who Work for a Living to push back against Elon Musk’s Department of Government Efficiency. The group plans to take action through rallies and advertisements in front of key agencies who’s budgets are being slashed. “The government can work for billionaires or it can work for working people—but not both,” said AFL-CIO President Liz Shuler. “
Daily News & Commentary
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May 29
AFGE argues termination of collective bargaining agreement violates the union’s First Amendment rights; agricultural workers challenge card check laws; and the California Court of Appeal reaffirms San Francisco city workers’ right to strike.
May 28
A proposal to make the NLRB purely adjudicatory; a work stoppage among court-appointed lawyers in Massachusetts; portable benefits laws gain ground
May 27
a judge extends a pause on the Trump Administration’s mass-layoffs, the Fifth Circuit refuses to enforce an NLRB order, and the Texas Supreme court extends workplace discrimination suits to co-workers.
May 26
Federal court blocks mass firings at Department of Education; EPA deploys new AI tool; Chiquita fires thousands of workers.
May 25
United Airlines flight attendants reach tentative agreement; Whole Foods workers secure union certification; One Big Beautiful Bill Act cuts $1.1 trillion
May 23
United Steelworkers union speaks out against proposed steel merger; Goodwin Procter turns over diversity data; Anthropic AI's fair use claim over authors' creative work