Lewit Gemeda is a student at Harvard Law School.
In today’s News and Commentary, legislation in New York could ban captive audience meetings and membership in Florida’s teachers’ unions grows despite Governor DeSantis’ anti-labor policies.
New legislation that would stop employers from requiring employees to attend meetings where the company states its views on religious or political issues is pending in New York. The bill includes the choice to join a labor organization as one of the prohibited issues. The bill, which has passed the NY state legislature, will head to Gov. Hochul’s desk for signature. This bill is part of ongoing efforts by labor unions to stop “captive audience meetings” that are held by employers to depress labor organizing. Other states such as Connecticut, Oregon and Minnesota have passed similar laws. However, these laws face legal challenges that argue that the law is unconstitutional and preempted by the National Labor Relations Act. Captive audience meetings also face scrutiny from the NLRB. In an April 2022 memo, the NLRB general counsel, Jennifer Abruzzo, said that mandatory meetings violate federal labor law. Consequently, NLRB prosecutors asked the board to hold that captive audience meetings are illegal in a case involving Cemex Construction Materials Pacific.
The Florida Education Association has gained 5,000 members despite Governor DeSantis’ anti-union policies. In May, DeSantis pushed through a law that limited the ability of public employee unions to automatically collect dues from union members’ paychecks. The police and firefighters’ unions, who are supporters of DeSantis, were exempt from these measures. After the provisions went into effect, the impacted unions were concerned their membership would drop as they struggled to have members give their bank account information so that the union could manually collect dues. However, the opposite has occurred, and the Florida Education Association has seen its membership grow over the last month as non-union teachers, alarmed by DeSantis’ attacks on minority groups, have sought union membership. “We have people coming in who are saying, ‘Hey, how do I join the union? I want to join the union,’” said Andrew Spar, President of Florida Education Association. “Teachers are saying ‘I can’t believe what’s happening in the state of Florida; we need to have a voice. How can I get involved in the union?’”
Daily News & Commentary
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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 […]
November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume