
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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July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]
July 25
Philadelphia municipal workers ratify new contract; Chocolate companies escape liability in trafficking suit; Missouri Republicans kill paid sick leave