Sharon Block is a Professor of Practice and the Executive Director of the Center for Labor and a Just Economy at Harvard Law School.
The pace of nominations and appointments to the Department of Labor, National Labor Relations Board, and other federal labor agencies is expected to continue to accelerate. Following the nominations earlier this week of Marvin Kaplan to the NLRB and Patrick Pizzella to be the Deputy Secretary of Labor, the White House announced the nomination ofKyle Fortson to a seat on the National Mediation Board and that Nathan Paul Mehrens would serve as the Principal Deputy Assistant Secretary (and thereby Acting Assistant Secretary) for Policy at DOL. Fortson previously served as a top labor staffer for the Republicans on the Senate Health, Education, Labor and Pensions Committee. Mehrens was previously the president of Americans for Limited Government. Still expected in the very near future is the nomination of management lawyer, William Emanuel to the NLRB, the first Assistant Secretary-level nominations at the Department of Labor and more appointments to political positions that don’t need Senate confirmation, such as the principal deputy assistant secretary slots at DOL.
One interesting development on the nominations front is the revival of concerns about Patrick Pizzella’s ties to Jack Abramoff’s work in the Northern Mariana Islands in the late 1990’s on behalf of employers accused of serious human rights violations. The conditions for workers in the Northern Mariana Island – making goods sold as “Made in the USA” – were appalling. Ms. Magazine did a cover story on the Abramoff/Mariana Islands situation in 2006. Although Pizzella was confirmed for a Republican seat on the FLRA during the Obama Administration after the Abramoff story broke, the Deputy Secretary position is the most senior position for which he has been nominated. The Deputy Secretary has responsibility across all of DOL and frequently stands in for the Secretary of Labor. Pizzella’s Abramoff ties may get more scrutiny in this confirmation process than in the past.
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August 2
WestJet flight attendants go on strike, and the American Federation of Government Employees challenges another VA attempt to terminate its collective bargaining agreement.
July 31
Legislators move to end mandatory arbitration in employment contracts; NYC tip laws result in greater pay for delivery workers; women's college basketball players seek to unionize.
July 30
Supreme Court denies Cemex's bid to pause bargaining order; employers remain exposed to Title VII suits over English-only rules; Texas judge declines to enjoin NLRB proceeding despite unconstitutional removal protections.
July 29
NYC public defender strikes spread to the Bronx; NLRB drops challenge to New York labor law after Amazon wins its case; new data shows appointments of women and minorities to S&P 500 boards at lowest level in a decade.
July 28
DOJ drops charges against SEIU California president; Massachusetts nurses file ULP against hospital; Democratic lawmakers look to remove damage caps in employment discrimination cases
July 27
NY Port Authority proceeds to trial on PUMP Act case; First Circuit denies stay in order vacating H-1B visa fee; DC Circuit panel denies First Amendment claim over disclosure of confidential emails in allegation of prison's COVID-19 mismanagement.