Henry Green is a student at Harvard Law School.
In today’s News and Commentary, multiple unions express support for David Huerta as the Department of Justice brings charges against him, and the NLRB’s acting general counsel says the Board is likely not covered by Humphrey’s Executor.
The Department of Justice has charged SEIU-USWW President David Huerta with conspiracy to impede an officer after Huerta was arrested at a protest over Los Angeles immigration raids last week, per the New York Times. The charge carries a maximum of up to six years in prison. Huerta was briefly hospitalized with a head injury after his arrest. He was released on bond on Monday. The Times reports that Huerta spoke to a crowd of supporters after his release, showing the crowd notes from fellow inmates at the Detention Center. See video of Huerta speaking after his release here.
The Wall Street Journal frames immigration as an area where unions are clashing with the Trump administration, noting that after Huerta’s arrest, multiple prominent unions expressed support for him and for SEIU. On Monday, UNITE HERE members joined an SEIU rally in Los Angeles – “Todos somos Huerta,” an SEIU leader said at the rally. Other unions to speak out in support of Huerta include “regional branches of the Teamsters and United Auto Workers” as well as the national AFL-CIO. The article notes that some of the biggest organizing wins in recent decades have been in the service sector, where undocumented immigrants make up a large share of the workforce. Among these is SEIU’s Justice for Janitors campaign, which organized janitors in Los Angeles in the 1980s.
NLRB acting general counsel William Cowen said at a conference that the NLRB was likely not covered by Humphrey’s Executor, Bloomberg reports. Humphrey’s is the 90 year old Supreme Court precedent that allows Congress to restrict presidential removal power for independent agencies. “Humphrey’s talks about an agency that doesn’t execute any serious executive power, is multi-membered, and is statutorily balanced. All of those things are not true of the board,” Bloomberg quotes Cowen saying. Cowen also defended the NLRB’s 2026 budget request, which asks for a 4.7% reduction in funding from current levels. “I see hope in all of this,” Cowen said in part. Bloomberg notes that “Cowen’s stance is a sharp break” from Biden NLRB Chair Lauren McFerran’s, who said during her tenure that the agency’s staff was overwhelmed with case filings. The NLRB has received just one budget increase since 2014.
Daily News & Commentary
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December 5
Netflix set to acquire Warner Bros., Gen Z men are the most pro-union generation in history, and lawmakers introduce the “No Robot Bosses Act.”
December 4
Unionized journalists win arbitration concerning AI, Starbucks challenges two NLRB rulings in the Fifth Circuit, and Philadelphia transit workers resume contract negotiations.
December 3
The Trump administration seeks to appeal a federal judge’s order that protects the CBAs of employees within the federal workforce; the U.S. Department of Labor launches an initiative to investigate violations of the H-1B visa program; and a union files a petition to form a bargaining unit for employees at the Met.
December 2
Fourth Circuit rejects broad reading of NLRA’s managerial exception; OPM cancels reduced tuition program for federal employees; Starbucks will pay $39 million for violating New York City’s Fair Workweek law; Mamdani and Sanders join striking baristas outside a Brooklyn Starbucks.
December 1
California farmworkers defend state labor law, cities consider requiring companies to hire delivery drivers, Supreme Court takes FAA last-mile drivers case.
November 30
In today’s news and commentary, the MSPB issues its first precedential ruling since regaining a quorum; Amazon workers lead strikes and demonstrations in multiple countries; and Starbucks workers expand their indefinite strike to additional locations. Last week, the Merit Systems Protection Board (MSPB) released its first precedential decision in eight months. The MSPB had been […]