Justin Cassera is a student at Harvard Law School.
In today’s news and commentary, President Trump signs an executive order purporting to end unionization at numerous federal agencies; a court temporarily allows removal of NLRB members; and ICE detains a farmworker union leader.
On Thursday, President Trump signed an executive order instructing numerous federal agencies to end collective bargaining with government employee unions. Citing national security concerns, the administration also filed a lawsuit in federal court seeking permission to rescind active collective bargaining agreements covering roughly 700,000 workers. Unions have characterized these moves as unlawful and vowed to challenge them in court. This comes in response to a flurry of organizing activity and lawsuits filed by unions challenging cuts by the Department of Government Efficiency. Several private sector unions have expressed solidarity with the federal workers.
On Friday, a three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit temporarily halted the reinstatement of NLRB member Gwynne Wilcox, who was recently fired by the Trump administration. While the dispute is expected to reach the Supreme Court, this decision leaves the NLRB without quorum and severely limits its ability to function. The Circuit Court’s action comes in the wake of a letter to Congress by the Trump administration disavowing Humphrey’s Executor, a 90-year-old Supreme Court case that restricts the President’s power to fire heads of independent agencies without cause. Wilcox’s lawyers say the firing is a threat to precedent which protects “the independence of critical government agencies,” and express confidence in their ability to prevail in the Supreme Court.
Last week, Immigration and Customs Enforcement detained Alfredo (“Lelo”) Juarez Zeferino, a 25-year old farmworker activist in Washington. Zeferino has lived in the United States for thirteen years. He has been a volunteer organizer for food justice initiative Community to Community since he was twelve and is currently a union member farmworker for Familias Unidas por la Justicia. There is no evidence of criminal activity. A number of protests have been held in recent days as part of an outpouring of community support. The Bellingham Herald, a local news outlet, says it is “highly likely Zeferino is enrolled in DACA,” which provides a path to citizenship.
Daily News & Commentary
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December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.
December 15
Advocating a private right of action for the NLRA, 11th Circuit criticizes McDonnell Douglas, Congress considers amending WARN Act.
December 12
OH vetoes bill weakening child labor protections; UT repeals public-sector bargaining ban; SCOTUS takes up case on post-arbitration award jurisdiction