
Michelle Berger is a student at Harvard Law School.
In today’s News and Commentary: the NLRB affirms findings that Starbucks violated the NLRA; the Supreme Court denies cert in a case that sought to challenge the constitutionality of California’s worker classification law; and a new conservative nonprofit weighs in on unions.
On Tuesday, a bipartisan three-member panel of the NLRB affirmed an ALJ decision from last year that found Starbucks violated the NLRA in connection with its conduct at a retail store in Seattle. In the case, baristas had received subpoenas to testify at an NLRB representation hearing. The baristas alleged – and the ALJ found – that Starbucks management told them the subpoenas did not excuse them from work and that, if they missed work for the hearing, they would face discipline unless they could find someone to cover their shift. The ALJ concluded that Starbucks’ conduct interfered with the baristas rights and violated Section 8(a)(1) of the Act.
Also on Tuesday, the Supreme Court denied a petition for certiorari in a case seeking to strike down A.B. 5, the California law intended to prevent misclassification of employees as independent contractors. Petitioners contended that A.B. 5 is unconstitutional under the First Amendment for its application to political canvassers. The Court’s denial of cert puts an end to this particular attack against the law, which has been a lightning rod for attacks from business interests in California. I wrote about A.B. 5 in the context of a constitutional challenge to the law on equal protection grounds in March.
In an article published yesterday, Timothy Noah of The New Republic reviews and critiques a self-proclaimed “handbook for conservative policymakers” produced by a new right-wing nonprofit, American Compass. Noah’s article, “Conservatives Aren’t Serious About Empowering the Working Class,” credits the American Compass publication – “Rebuilding American Capitalism” – for “capably identif[ying] the problems facing the working class,” including many of the sources of economic inequality. He credits American Compass, too, for recognizing the conservative case for labor unions (“conservatives … prefer private ordering to government dictates,” Noah quotes) and endorsing sectoral bargaining. (For more commentary on sectoral bargaining, see The Clean Slate Agenda). But ultimately, Noah observes, American Compass’ labor platform falls flat. It offers nothing by way of strengthening government protection for unionization. And alarmingly, it calls for curbing the political influence of unions –– which would, in effect, be “leaving politics to corporations.” The platform’s ambivalence (at best) toward labor leads Noah to conclude that American Compass “has some good ideas about what ails America, but it balks at furnishing the means to fix it.”
Daily News & Commentary
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September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.
September 9
Ninth Circuit revives Trader Joe’s lawsuit against employee union; new bill aims to make striking workers eligible for benefits; university lecturer who praised Hitler gets another chance at First Amendment claims.