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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February 12
Teamsters sue UPS over buyout program; flight attendants and pilots call for leadership change at American Airlines; and Argentina considers major labor reforms despite forceful opposition.
February 11
Hollywood begins negotiations for a new labor agreement with writers and actors; the EEOC launches an investigation into Nike’s DEI programs and potential discrimination against white workers; and Mayor Mamdani circulates a memo regarding the city’s Economic Development Corporation.
February 10
San Francisco teachers walk out; NLRB reverses course on SpaceX; NYC nurses secure tentative agreements.
February 9
FTC argues DEI is anticompetitive collusion, Supreme Court may decide scope of exception to forced arbitration, NJ pauses ABC test rule.
February 8
The Second Circuit rejects a constitutional challenge to the NLRB, pharmacy and lab technicians join a California healthcare strike, and the EEOC defends a single better-paid worker standard in Equal Pay Act suits.
February 6
The California Supreme Court rules on an arbitration agreement, Trump administration announces new rule on civil service protections, and states modify affirmative action requirements