Benjamin Sachs is the Kestnbaum Professor of Labor and Industry at Harvard Law School and a leading expert in the field of labor law and labor relations. He is also faculty director of the Center for Labor and a Just Economy. Professor Sachs teaches courses in labor law, employment law, and law and social change, and his writing focuses on union organizing and unions in American politics. Prior to joining the Harvard faculty in 2008, Professor Sachs was the Joseph Goldstein Fellow at Yale Law School. From 2002-2006, he served as Assistant General Counsel of the Service Employees International Union (SEIU) in Washington, D.C. Professor Sachs graduated from Yale Law School in 1998, and served as a judicial law clerk to the Honorable Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit. His writing has appeared in the Harvard Law Review, the Yale Law Journal, the Columbia Law Review, the New York Times and elsewhere. Professor Sachs received the Yale Law School teaching award in 2007 and in 2013 received the Sacks-Freund Award for Teaching Excellence at Harvard Law School. He can be reached at [email protected].
Volkswagen has a new policy governing labor-management relations at its Chattanooga, TN facility. The “Community Organization Engagement” policy, available here, establishes that VW will “allow eligible organizations the opportunity to engage in constructive dialogue with Volkswagen and its employees.” Under the policy, “organizations” are those that “exist for the primary purpose of representing employees and their interests to employers consistent with the National Labor Relations Act.” Substantively, the policy establishes three tiers of representational rights. For organizations that represent more than 15% of the workforce, the policy grants the right to use company space for meetings and the right to “[m]eet monthly with Volkswagen Human Resources to present topics that are of general interest to their membership.” When an organization garners support from more than 30% of the workforce, it gains the right to meet quarterly with “a member of the Volkswagen Chattanooga Executive Committee.” At representational levels of more than 45%, the organization meets bi-weekly with Human Resources and monthly with the Executive Committee.
The policy thus commits VW to some regular interactions with employee representatives and it grants these employee groups some potentially important rights to use company property for organizational activity. This strikes me as an important development. In the NLRB election held this spring, the UAW got 46% of the vote and, assuming that support level has stayed stable, the new policy would put the UAW in the top tier of representational rights.
But note that the policy does not commit VW to bargain with any organizational representatives, even at the 45% level. The only obligation on VW is to “meet” with organizations and allow them to “present topics.” In this sense, the new policy – at least by its terms – does not establish true minority unionism at Volkswagen. In a true minority union setting, management has actual bargaining obligations to employee representatives. Of course, it is entirely possible that, in practice, the right to “meet” with VW management will translate into something quite meaningful and closer to actual bargaining. That will be an important development to watch.
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July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]