
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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August 5
In today’s news and commentary, a pension fund wins at the Eleventh Circuit, casino unionization in Las Vegas, and DOL’s work-from-home policy changes. A pension fund for unionized retail and grocery workers won an Eleventh Circuit appeal against Perfection Bakeries, which claimed it was overcharged nearly $2 million in federal withdrawal liability. The bakery argued the […]
August 4
Trump fires head of BLS; Boeing workers authorize strike.
August 3
In today’s news and commentary, a federal court lifts an injunction on the Trump Administration’s plan to eliminate bargaining rights for federal workers, and trash collectors strike against Republic Services in Massachusetts.
August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.