
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.
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May 23
United Steelworkers union speaks out against proposed steel merger; Goodwin Procter turns over diversity data; Anthropic AI's fair use claim over authors' creative work
May 22
BLS releases statistics on foreign-born workers; courts vacate EEOC protections; SCOTUS considers takings case.
May 21
Supreme Court grants the Trump Administration the ability to end Temporary Protected Status for Venezuelan immigrants; a federal judge permits airline customer service agents to pursue litigation rather than arbitration in a wage dispute; and NLRB prosecutors limit when they seek consequential remedies for unfair labor practices.
May 19
Schedule F comment period ends this week; Wilcox's reinstatement case is back before D.C. Circuit; NLRB removal protection case runs into jurisdictional problem; NJ locomotive strike ends in success.
May 18
In today’s news and commentary, the DC Circuit lifts a preliminary injunction on Trump’s collective bargaining ban for federal workers; HHS, DOL and Treasury pause a 2024 mental health parity regulation; and NJ Transit workers continue into the third day of a historic strike. In a 2-1 decision issued on Friday, the D.C. Circuit overturned […]
May 16
Supreme Court hears a case about universal injunctions; Champion of workers' rights announces run for Colorado Attorney General; Sesame Street is officially union!