
John Fry is a student at Harvard Law School.
In today’s news and commentary, Teamsters president speaks at RNC; Starbucks decertification campaign fails; and Biden taps new PBGC leader.
Teamsters president Sean O’Brien spoke at the Republican National Convention yesterday, a historic move that has polarized workers and leaders throughout the labor movement. O’Brien’s speech, the first ever by a union president at the RNC, contained both praise for former President Trump and fiery rhetoric about corporate greed and the shortcomings of current labor law, the latter of which appears to have taken the Milwaukee crowd by surprise. The speech comes amid increasing speculation over the Teamsters’ potential presidential endorsement, as other major unions have rallied behind President Biden. Recent reports suggest that the Teamsters may not endorse any candidate. Within the union, reactions to O’Brien’s RNC appearance have been mixed: one of the union’s leaders has spoken out against it, calling Trump a proven enemy of the labor movement, and other rank-and-file members have noted the contrast between labor policy under Trump and Biden.
The NLRB has rejected a decertification campaign at a Starbucks location in Oregon, the latest in a trend of failed bids by the company to oust the nascent Starbucks Workers United from stores around the country. While workers can typically petition to decertify a union starting one year after the union is elected, this waiting period can be extended if the employer commits unfair labor practices. That is precisely what has happened at over 20 stores, as workers have accused Starbucks of using unlawful union-busting tactics in order to encourage decertification. The Oregon decision shows that this tactic has not been effective, and it may become less prevalent now that the company and the union have re-engaged in collective bargaining, pursuant to a truce of sorts announced earlier this year.
President Biden has selected Deva Kyle to head the Pension Benefit Guaranty Corporation, an agency that insures and oversees union pension plans. The PBGC has been under increasing scrutiny over its dispensation of pension bailout money, which was authorized for the first time ever in 2021 in the American Rescue Plan. The agency overpaid millions of dollars to a Teamsters fund after accidentally including many deceased participants in its calculations. Kyle currently practices employee benefits law at union-side firm Cohen, Weiss and Simon.
Daily News & Commentary
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July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]