Mila Rostain is a student at Harvard Law School and the Digital Director of OnLabor.
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
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August 14
Hollywood unions diverge in response to the Paramount-Warner merger saga; Tesla defeats a years-long strike in Sweden, and labor scholars advocate for state sectoral bargaining policy innovation.
August 13
EEOC complaint process expected to harm federal workers; former UAW leaders endorse Fain challenger; Xbox employees protest layoffs.
August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.
August 11
Rideshare drivers nearing union certification in California; UFCW campaigns against electronic shelf labels; Teamsters support NYC delivery driver bill.
August 10
Employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation; DHS submits a proposed rule eliminating 60-day grace period for H-1B workers; Eighth Circuit dismisses constitutional challenge to the FMSHRC.
August 7
Starbucks beats claims it denied shifts to union workers; Center for State Labor Innovation aims to address labor law shortcomings.