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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September 16
In today’s news and commentary, the NLRB sues New York, a flight attendant sues United, and the Third Circuit considers the employment status of Uber drivers The NLRB sued New York to block a new law that would grant the state authority over private-sector labor disputes. As reported on recently by Finlay, the law, which […]
September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.