James Blanchfield is a student at Harvard Law School.
In today’s News and Commentary, the Supreme Court ends removal protections for the NLRB and other agencies, and staff at a New York City cocktail bar vote to unionize.
In a landmark decision, the Supreme Court ruled on Monday that President Trump has the power to fire a Democratic member of the Federal Trade Commission (FTC) despite existing removal protections. Trump v. Slaughter overturns 91 years of precedent which had long insulated agency members from being fired at-will by the President. The removal protections were designed to grant agency members a degree of independence, ensuring they could operate without fear of being replaced solely due to the whims of the President. Chief Justice John Roberts, writing for the 6-3 majority, held that these limitations on the President’s firing power are unconstitutional. While the case concerned the FTC, the logic of the case would extend to essentially all independent agencies, including the National Labor Relations Board (NLRB) and Equal Employment Opportunity Commission (EEOC). The result will likely be rapid shifts in agency leadership with each new administration, as the President now has the complete power to replace the NLRB and EEOC membership to suit his political goals. Emily Dickens, the chief administrative officer at the Society for Human Resource Management, stated that these wholesale political changes to agency membership create greater uncertainty for both employers and workers as the membership of these agencies can impact how workplace laws are interpreted and what issues will actually be enforced. In theory, any agency member who opposes the President’s agenda can be replaced immediately by someone who will comply. While some commentators anticipate that this change will not be as drastic as expected, President Trump did little to quell the fears when he posted on social media that this ruling was “the Greatest Increase in Presidential Power in the last 100 years.”
In New York City, employees at popular cocktail bar Attaboy recently voted to unionize, turning heads and changing impressions of what unionized labor looks like. While many people picture a union with hundreds of members and connected to huge businesses, Attaboy Local 134 is composed of just over 20 employees. Organizers began the union drive in April and sought voluntary recognition by the bar’s ownership. The owners ultimately declined to recognize the union, leading to a 13-to-8 vote in favor of the union in May which sealed victory for the organizers. The union’s success is largely unheard of for individual bars and restaurants. Zachary Gelnaw-Rubin, a member of Attaboy Local 134’s organizing committee, says that the Attaboy staff took valuable lessons from Death&Co, another New York cocktail bar whose staff attempted to organize in 2023 but ultimately lost the vote. Gelnaw-Rubin was also quick to dispel the notion that employees at a cocktail bar are not committed to the business as a career, saying, “We don’t want different jobs, we want to work at Attaboy because we love the bar, and we feel invested in its legacy.” Meanwhile, Sam Ross, one of the co-owners of the bar, expressed surprise at the initial union drive, believing the employees were generally well supported and satisfied. Ross acknowledged that Attaboy will be closely watched by other small businesses as a potential model and hopes that it can be a model for success. For Gelnaw-Rubin, Attaboy Local 134 is just the first step toward a stronger labor movement in these types of businesses. “The labor movement is ever present,” he said. “Yes, it will continue, and I hope more bars and restaurants get in on it.”
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
September 22
Judge blocks ICE raids in Alabama; Chicago hotel workers vote to strike; AutoZone workers look to create first union
September 21
In today’s News and Commentary, the Seventh Circuit raises the bar for the NLRB to obtain preliminary injunctions, the California Primary Care Association sues SEIU-UHW for racketeering, and the Seventh Circuit finds that an employer group and think tank do not have standing to challenge an Illinois law banning captive audience meetings. On Friday, the […]
September 20
Culinary Workers Union members protests union leadership; lawsuit against OpenAI and Microsoft reveal internal concerns about the threat of AI training to human labor.
September 17
Unions push to block Google from buying Spirit Airlines employment records; U.S. Department of Labor sues Oklahoma coffee chain over alleged wage violations.
September 16
Trump nominates Catherine Eschbach as EEOC general counsel; NLRB declines to resolve union work-assignment dispute; Allina Health physicians begin four-day strike.
September 15
Documents reveal the inner workings of Amazon's union avoidance program; Washington state public sector unions reach tentative deals amid a difficult bargaining cycle; hundreds of Nevada Culinary Union members protest their union's health care changes.