Miriam Li is a student at Harvard Law School and a member of the Labor and Employment Lab.
In today’s news and commentary, the NLRB finds a reporter’s online criticism of the Washington Post was not protected activity under federal labor law, top union leaders leave the Democratic National Committee amid internal strife, and Uber reaches a labor peace agreement with Chicago drivers.
On Monday, an NLRB administrative law judge dismissed a complaint by former Washington Post breaking news reporter Felicia Sonmez, who was fired after publicly criticizing a fellow Post reporter for retweeting a misogynistic joke as well as the Posts’ newsroom culture more broadly. The Washington-Baltimore News Guild and former NLRB General Counsel Jennifer Abruzzo had argued that Sonmez’s termination violated her rights under the NLRA because her tweets constituted protected concerted activity under Section 7 of the Act. In his decision, administrative law judge Robert A. Giannasi rejected this argument, reasoning that the tweets were not “sufficiently related to a labor dispute between the Post and its employees.” The opinion also noted that “Twitter was not Sonmez’s workplace” and characterized the tweets as “reckless disparagement” that was “unnecessary to engage in legitimate protected activity.”
Meanwhile, two prominent labor leaders have resigned from the Democratic National Committee (DNC), citing concerns about the party’s failure to expand their coalition in an “urgent” political moment. Randi Weingarten, president of the American Federation of Teachers, and Lee Saunders, head of the American Federation of State, County, and Municipal Employees, announced their departures this week, signaling a divergence between the two union leaders and current DNC chairman Ken Martin. Both Weingarten and Lee backed Martin’s opponent, Ben Wikler, in the recent DNC leadership race. In her resignation letter, Weingarten explicitly cited disagreements over Martin’s direction, writing, “While I am proud to be a Democrat, I appear to be out of step with the leadership you are forging.”
Finally, Uber reached a labor peace agreement with Chicago ride-share drivers, resolving a contentious campaign to increase driver pay in the city. Under the agreement announced Monday by the Illinois Drivers Alliance, Uber agreed not to oppose union efforts to organize roughly 100,000 rideshare drivers across Illinois. As part of the deal, Uber has also committed to supporting statewide legislation allowing rideshare drivers to collectively bargain while remaining classified as independent contractors, according to Local 1 spokesperson Bailey Koch. Lyft has not yet agreed to a similar arrangement, though discussions between the company and unions are reportedly ongoing. The deal, struck ahead of a Chicago City Council vote on a pay-transparency ordinance that was subsequently shelved, marks a key victory for unions and sets up a competition among regional driver coalitions. Proponents of the city council ordinance aruged that it would have ensured drivers earned above minimum wage, while Uber and Lyft contended the measure would have forced thousands of drivers out of work.
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July 16
Trump's NLRB nominee set for Senate vote, federal district court grants partial win on WARN Act claims, Brigham and Women's nurses return to work.
July 15
U.S. labor productivity climbs at its fastest pace in decades; a federal judge grants a preliminary injunction to anti-abortion groups challenging Michigan’s civil rights law; and Jackson, Mississippi’s bus workers walk off the job.
July 14
DOJ opens investigation of UAW president; LIUNA protests Pfizer building collapse; national park workers unionize
July 13
New York Times files retaliation suit against the EEOC; US government pushes back TPS designation termination for Haiti; federal judge grants preliminary injunction to federal workers seeking reasonable telework accommodations.
July 12
Postal workers demand investigation into Atlanta distribution center conditions following deaths; University of Chicago Press Workers vote to unionize.
July 10
Brigham and Women’s Hospital locks out 4,000 nurses after one-day strike; appeal filed challenging agency-shop agreements.