Henry Green is a student at Harvard Law School.
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot votes for unions to ratify a contract or authorize a strike.
In a letter to a 3rd Circuit panel, NLRB lawyers highlight recent district court decisions declining to enjoin Board proceedings despite constitutional challenges, Law360 reports. The letter notes that the cases depart from the 5th Circuit’s holding this summer that district courts can enjoin Board proceedings when the Board’s constitutionality is challenged. The 3rd Circuit is considering an appeal from the District of New Jersey where the lower court denied a nursing home’s request to enjoin a Board adjudication proceeding. The attorneys’ letter cites three recent cases, but focuses on a November 17 decision by Judge Timothy Kelly in the District of DC. Judge Kelly relied on provisions in the Norris-LaGuardia Act that divest district courts of jurisdiction over cases involving or growing out of a labor dispute. In its decision this summer, the 5th Circuit held that the cases before it concerned constitutional challenges to the NLRB’s structure, not labor disputes, and thus did not fall under Norris-LaGuardia’s injunction bar.
One in four unemployed Americans has a college degree – the highest percentage recorded in data going back to 1992, according to a report in Bloomberg Law. Citing BLS data, Bloomberg says that the unemployment rate for college graduates is 2.8%, up a half-percentage point from a year earlier. The President of the Federal Reserve Bank of New York is quoted saying the job market is “a bit of a perfect storm” for new college graduates, with a slowdown in white-collar hiring and layoffs announced at several large companies. The unemployment rate for college graduates remains lower than the overall civilian unemployment rate, which is 4.4% per the BLS.
Politico Pro reports that Representative Mark Harris (R-NC) has introduced a bill that would require unions to conduct secret-ballot votes before ratifying a collective bargaining agreement or authorizing a strike. Per the article, the bill would make mandatory “what is already common practice.” Rep. Harris also proposed a bill that would remove from the Labor-Management Reporting and Disclosure Act (LMRDA) a requirement that members pursue internal dispute resolution procedures before suing their union. Politico reports that the measures were designed in consultation with the Chair of the House’s committee on Education and Workforce.
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October 12
Workers at the Obama Foundation begin organizing; MLB submits its latest collective bargaining agreement proposal; Brigham & Women's nurses postpone strike.
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