John Fry is a student at Harvard Law School.
In today’s news and commentary, Trump fires NLRB Member Wilcox; Abruzzo fired as NLRB GC; Whole Foods workers unionize in Philadelphia; Nebraska state employees ratify new contract; and Utah on verge of banning public-sector unions.
President Trump has fired NLRB Member Gwynne Wilcox, the first political firing of a Board Member in the 90-year history of the NLRB. Without Wilcox, a Democratic appointee, the Board will have only two Members remaining, leaving it unable to function. The NLRA states that the President may remove NLRB Members “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” Whether this provision of the law is constitutional has been the subject of extensive litigation across the country. The Wilcox firing is likely to expedite the Supreme Court’s consideration of those constitutional questions.
President Trump also fired NLRB General Counsel Jennifer Abruzzo late on Monday. President Biden fired Trump’s NLRB General Counsel, Peter Robb, on inauguration day in 2021, an unprecedented move that many expected Trump to return in kind last week. Abruzzo’s firing is the latest of several mixed signals that the new Trump administration has sent regarding unions. Trump has nominated Teamsters-backed Lori Chavez-DeRemer for Labor Secretary, but as Esther reported, Chavez-DeRemer appears to have recanted her support for the PRO Act, a bill which would majorly boost union organizing.
Workers at a Whole Foods store in Philadelphia voted to form the grocery chain’s first union yesterday, with the union winning the election by a vote of 130 to 100. As I covered earlier this month, union supporters at the store had accused Whole Foods (owned by notedly anti-union Amazon) of anti-union tactics such as increased monitoring by the company’s managers and anti-union flyers around the store. Some workers reported that they wanted to re-establish working conditions and benefits that Amazon got rid of after acquiring Whole Foods in 2017. The United Food and Commercial Workers, which will now represent the store’s workers, has accused Whole Foods of unlawfully firing a union supporter.
Nebraska’s largest public-sector union has ratified a new contract with the state that will provide raises of between 6.5% and 19% over two years. The contract includes six weeks of paid maternity leave, an entirely new benefit, and seeks to attract skilled workers to work for the state by offering compensation that outpaces inflation and rising healthcare costs. While the union is still battling Nebraska governor Jim Pillen over a return-to-office order for state workers that took effect last year, the two sides each hailed the new contract as a win, with the union harkening a “new generation of public servants” and the governor’s office celebrating the contract as “fiscally conservative.”
The Utah House of Representatives has passed HB 267, which, as Holt covered last week, would abolish collective bargaining for state employees. Unlike other recent public-sector union crackdowns in other Republican-controlled states, the Utah bill would not carve out an exemption to allow public safety unions for police or firefighters. Some House Republicans defected from the bill; Utah Democrats and unions have spoken out against it.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
October 23
Employers increasingly shift health care costs onto workers and NYC proposes placing restrictions on fully automated customer service.
October 22
SCOTUS declines Wilcox appeal; Penn State research assistants win bargaining rights; SEIU sued over military leave firing.
October 21
DOL withdraws tipped-worker rule; Instacart settles hiring-bias claims; Phillips 66 locks out New Jersey refinery workers.
October 20
Korean unions oppose labor exemption bill; Portland city workers prepare for strike; UPenn grad student union looks to dismiss university filing
October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.