Mila Rostain is a student at Harvard Law School.
In today’s News and Commentary, a Colorado judge grants AFSCME’s motion to intervene to defend Colorado’s county employee collective bargaining law, Arizona proposes a constitutional amendment to ban teachers unions’ use of any public resources, and the NLRB is unlikely to use rulemaking to overturn precedent.
Yesterday, U.S. Magistrate Judge Varholak granted AFSCME’s motion to intervene to defend Colorado’s Collective Bargaining by County Employees Act, which is being challenged by the Douglas County Board of Commissioners. Under the law, which passed in 2022, county employees have negotiated numerous collective bargaining agreements throughout the state. According to Law360, the Douglas County Board of Commissioners had argued that AFSCME’s interests were identical to those of the defendants, the Governor and the Colorado Department of Labor and Employment Director. Citing Tenth Circuit precedent, Judge Varholak granted the motion to intervene because the government’s interests might not remain fully aligned with those of the union. AFSCME and the state defendants have filed motions to dismiss.
On Tuesday, Arizona lawmakers took the next step in advancing a constitutional amendment to restrict teachers unions’ use of public resources, including using school facilities for new employee orientations. Arizona’s House voted on the proposal, sending it to the Arizona Senate. If approved by the Senate, the proposition would go before Arizona voters. The amendment, if passed, would supersede all existing teachers unions’ contracts, ordinances, policies, or other agreements. In addition to preventing unions from using facilities for new employee orientations during working hours, the amendment would ban paid union leave and dues deduction. The president of the Arizona Education Association, Marisol Garcia, stated that “by taking away our collective voice,” Arizona lawmakers are “actually hurting the work and interests of the students in our schools.”
Finally, the NLRB has signaled that it does not intend to use rulemaking to overturn precedent. Industry groups had asked the NLRB to do so to overturn precedent. Bloomberg Law reports that at an American Bar Association conference on Wednesday, Board Member James Murphy indicated that in addition to being unlikely to use rulemaking, the NLRB would continue to observe the tradition of not changing precedent without three affirmative votes. As of yesterday, the Board faces a backlog of 482 pending cases.
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March 25
UPS rescinded its driver buyout program; California court dismissed a whistleblower retaliation suit against Meta; EEOC announced $15 million settlement to resolve vaccine-related religious discrimination case.
March 24
The WNBPA unanimously votes to ratify the league’s new CBA; NYU professors begin striking; and a district court judge denies the government’s motion to dismiss a case challenging the Trump administration’s mass revocation of international student visas.
March 23
MSPB finds immigration judges removal protections unconstitutional, ICE deployed to airports.
March 22
Resurgence in salting among young activists; Michigan nurses strike; states experiment with policies supporting workers experiencing menopause.
March 20
Appeal to 9th Cir. over law allowing suit for impersonating union reps; Mass. judge denies motion to arbitrate drivers' claims; furloughed workers return to factory building MBTA trains.
March 19
WNBA and WNBPA reach verbal tentative agreement, United Teachers Los Angeles announce April 14 strike date, and the California Gig Workers Union file complaint against Waymo.