
Mila Rostain is a student at Harvard Law School.
In today’s News and Commentary, a Texas District Court dismisses the government’s case requesting a declaratory judgement authorizing agencies to end collective bargaining agreements for Texas workers, a jury awards two firefighters $1 million after they were terminated for union activity, and Democratic lawmakers are boycotting venues that have not rehired food service workers.
Yesterday, Judge Alan Albright of the US District Court for the Western District of Texas held that eight federal agencies, including the Department of Defense, lacked standing to seek a declaratory judgment authorizing them to end collective bargaining agreements for federal workers in Texas. Without a cognizable injury-in-fact, the Court refused to exercise jurisdiction, instead calling it a “an unprecedent invitation for an advisory opinion.” As Bloomberg reports, this is the second time a judge has dismissed a lawsuit seeking a declaratory judgment authorizing the termination of collective bargaining agreements. In late May, Judge Danny Reeves of the US District Court for the Eastern District of Kentucky held that the Treasury Department similarly lacked standing to seek a declaratory judgment that it had the power to terminate its collective bargaining agreement with Local 73 of the National Treasury Employees Union.
The dismissal comes as the House Armed Services Committee passed an amendment to the House National Defense Authorization Act aiming to prevent the enforcement of Trump’s executive order terminating collective bargaining for Department of Defense workers. Three Republican members joined Democrats to pass the amendment.
Last week, a jury awarded two firefighters $1 million in damages after finding that the City of Harrodsburg had unlawfully terminated them in retaliation for their organizing efforts. The firefighters brought First Amendment, Fourteenth Amendment, and state law claims. Both firefighters had played key roles in organizing their union and later held leadership roles in their Local. They formed their union to address low staffing levels and insufficient training. According to their complaint, after the firefighters informed the City of their intent to unionize, the city refused to allow them to speak at city commission meetings, targeted the firefighters for internal investigations, and terminated them without due process even though they had no disciplinary record.
Today, House food service workers are boycotting six new venues in the Capitol with the support of Democratic lawmakers. The House ended its contract with Sodexo and is transitioning its restaurants to seven subcontractors. Only one has given a return offer to employees, while the other vendors have not honored Unite Here Local 23’s bargaining agreement. Democrats had previously sent a letter urging the vendors to rehire the workers and keep the terms of their existing union contract.
Daily News & Commentary
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August 17
The Canadian government ends a national flight attendants’ strike, and Illinois enacts laws preserving federal worker protections.
August 15
Columbia University quietly replaces graduate student union labor with non-union adjunct workers; the DC Circuit Court lifts the preliminary injunction on CFPB firings; and Grubhub to pay $24.75M to settle California driver class action.
August 14
Judge Pechman denies the Trump Administration’s motion to dismiss claims brought by unions representing TSA employees; the Trump Administration continues efforts to strip federal employees of collective bargaining rights; and the National Association of Agriculture Employees seeks legal relief after the USDA stopped recognizing the union.
August 13
The United Auto Workers (UAW) seek to oust President Shawn Fain ahead of next year’s election; Columbia University files an unfair labor practice (ULP) charge against the Student Workers of Columbia-United Auto Workers for failing to bargain in “good faith”; and the Environmental Protection Agency (EPA) terminates its collective bargaining agreement with four unions representing its employees.
August 12
Trump nominates new BLS commissioner; municipal taxpayers' suit against teachers' union advances; antitrust suit involving sheepherders survives motion to dismiss
August 11
Updates on two-step FLSA certification, Mamdani's $30 minimum wage proposal, dangers of "bossware."