
Mila Rostain is a student at Harvard Law School.
In today’s News and Commentary, a district judge issues a preliminary injunction blocking agencies from implementing Trump’s executive order eliminating collective bargaining for federal workers, workers organize for the reinstatement of two doctors who were put on administrative leave after using an internal directory to organize their coworkers, and Governor Lamont vetoes unemployment benefits for striking workers.
On Tuesday, US District Court for the Northern District of California Judge James Donato issued a preliminary injunction blocking agencies from implementing President Trump’s executive order eliminating collective bargaining rights for federal workers. The executive order invoked the national security exception to exclude certain agencies from the Federal Service-Labor Management Relations Statute. Along with the executive order, the White House published a fact sheet that singled out unions resisting Trump. Judge Donato held that the six unions who sued were likely to succeed on the merits of their claim that the executive order retaliated against the unions in violation of their First Amendment free speech rights and that they would likely face irreparable harm without the preliminary injunction. President of the National Association of Government Employees, David Holway, stated, “the court made it clear: national security cannot be used as a smokescreen to silence federal workers.” The preliminary injunction comes as the D.C. Circuit stayed a similar injunction issued by Judge Paul Friedman regarding the same executive order’s application to the National Treasury Employees Union.
Workers at University Hospitals, a healthcare system based in Cleveland, Ohio, launched a petition calling for the reinstatement of two doctors involved in union efforts. University Hospitals claims that the doctors were put on administrative leave because they improperly accessed an internal directory that includes personal cell phone numbers of doctors. According to the petition, the physicians did not violate a policy against such use of the internal directory, and that instead, University Hospitals removed the two physicians in response to their union activity.
Finally, Connecticut Governor Ned Lamont vetoed legislation that would have granted unemployment benefits to striking workers after two weeks. As Meredith previously pointed out, Lamont was expected to veto the legislation. Lamont argued that the bill would have fundamentally altered the purpose of unemployment insurance, because unemployment benefits are intended for those “who are out of work through no fault of their own.” Lamont expressed concern that the bill would have driven business from the state. Union leaders had argued that providing unemployment benefits to striking workers after two weeks was one of the ways the state could even the playing field without running into preemption issues.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
July 16
The U.S. Department of Health and Human Services lays off thousands of employees; attorneys for the Trump Administration argue against revealing plans to reduce the workforce of federal agencies; and the Fourth Circuit grants an emergency stay on the termination of TPS for thousands of Afghans.
July 15
The Department of Labor announces new guidance around Occupational Safety and Health Administration penalty and debt collection procedures; a Cornell University graduate student challenges graduate student employee-status under the National Labor Relations Act; the Supreme Court clears the way for the Trump administration to move forward with a significant staff reduction at the Department of Education.
July 14
More circuits weigh in on two-step certification; Uber challengers Seattle deactivation ordinance.
July 13
APWU and USPS ratify a new contract, ICE barred from racial profiling in Los Angeles, and the fight continues over the dismantling of NIOSH
July 11
Regional director orders election without Board quorum; 9th Circuit pauses injunction on Executive Order; Driverless car legislation in Massachusetts
July 10
Wisconsin Supreme Court holds UW Health nurses are not covered by Wisconsin’s Labor Peace Act; a district judge denies the request to stay an injunction pending appeal; the NFLPA appeals an arbitration decision.