Otto Barenberg is a student at Harvard Law School and the Digital Director of OnLabor.
In today’s news and commentary, Washington moves closer to banning captive audience meetings and Subway employees strike over workplace violence.
On Thursday, Washington legislators passed a bill (SB 5778) banning captive audience meetings. Governor Jay Inslee (D) has voiced his support for the measure, which, if signed into law, would make Washington the sixth state with a captive audience ban after Oregon, Connecticut, Maine, Minnesota, and New York. At the federal level, although National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo contends captive audience meetings are inherently coercive and violate national labor law, the Board has not yet issued a ruling on the issue.
Worker advocates and unions celebrated the Washington bill’s passage, saying that a ban on mandatory anti-union meetings would deprive companies of a powerful weapon in their union-busting arsenals. Rick Hicks, Teamsters Western Region International Vice President and President of Teamsters Joint Council 28, commented: “Unions are fundamentally about economic democracy, which is why we need to make the process of organizing as democratic as possible by putting an end to this autocratic practice.” However, business groups have brought litigation challenging bans on captive audience meetings in Minnesota and Connecticut, arguing that they constitute “viewpoint-based discrimination” and are preempted by the National Labor Relations Act. Supporters counter that the bans leave employers free to express their views on unions and prohibit only a requirement that workers listen as a condition of their employment.
On Friday, employees at a Subway in western Los Angeles launched a three-day strike in response to a wave of violence at their sandwich shop. Workers described harrowing interactions with customers, including one man who yelled expletives at employees while brandishing a machete. “The feeling that we were alone and that our management would not help us was disheartening,” Subway employee Sabina Gutierrez told the Los Angeles Daily News. She and other Subway employees are demanding the company provide de-escalation trainings, health care for workers subjected to workplace violence, and heightened security. Workers are also pushing Los Angeles to enact a Fast Food Fair Work ordinance requiring “know your rights” trainings, as well as paid time off and fair scheduling practices. The strike marks an early test for the California Fast Food Workers Union (CFFWU), the new Service Employees International Union (SEIU)-backed representative of the western Los Angeles Subway workers. In a novel approach, CFFWU aims to compel fast food companies to engage in sectoral bargaining by expanding its membership across California’s fast-food industry, without seeking NLRB certification at the establishment level.
Daily News & Commentary
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March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]