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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October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.
October 9
DHS proposes a $100k fee for the foreign grad employment program; Trump suspends tech company access to green card program; and private equity perpetuates poor working conditions for home care workers.
October 8
NLRB judge finds UPS unlawfully restricted union insignia; Harvard graduate workers authorize second strike; OSHA orders Union Pacific to pay $300,000 in damages in whistleblower case.
October 7
DOL scraps plan to remove decades-old wage-and-hour guidance from federal regulations; New York enacts personnel records access law; Starbucks loses bid to dismiss Workers United trademark suit.
October 6
Protect College Sports Act dampens athlete unionization outlook; Stanford RA union decides to withdraw petition
October 5
Delaware bans captive audience meetings; EEOC settles remote work national origin discrimination claim; First Circuit stays enforcement order in VA's dispute with AFGE.