
Gilbert Placeres is a student at Harvard Law School.
In today’s News & Commentary, Swedish unions take on Tesla, Starbucks and the NLRB litigate make-whole remedies, and workers at Waffle House organize for better better pay and conditions.
52 Tesla mechanics have been on strike in Sweden for over a year now, the first and only strike against Tesla anywhere in the world. Industrial union IF Metall has been demanding better wages, benefits, and conditions for mechanics in Tesla repair shops across the country. Elon Musk and Tesla, on the other hand, have refused to recognize the Swedish labor market’s model of collective bargaining and brought in strikebreakers from various other European countries. This is legal under Swedish law but anathema to the unwritten rules and norms that are part of Nordic models of worker protection. In Sweden, 90% of the workforce is covered by a collective agreement, a model Tesla does not seem willing to adapt to. The current battle in Sweden is representative of similar struggles between unions and Tesla in Germany, the US, and elsewhere.
This week, Starbucks continued to challenge the National Labor Relation Board’s make-whole remedies, in a case concerning the firing of an employee who helped start unionization campaigns at various Michigan locations. The company argued before the US Court of Appeals for the Sixth Circuit that the NLRB should not be able to order monetary compensation for “all direct or foreseeable pecuniary harms” that are a consequence’s of an employer’s unfair labor practices, taking aim at the 2022 Thryv Inc. ruling. The panel of judges seemed split, with one suggesting such remedies have a long history and another seemingly viewing it as a reinterpretation of the National Labor Relations Act.
Workers at Waffle House, the iconic Southern diner, who’s base pay can be as low as three dollars per hour have been organizing for better wages with the Union of Southern Service Workers. In addition to a $25 minimum wage, workers have asked for a more expanded meal deduction menu and for the company to provide 24/7 security at its restaurant. Late on weekends, patrons often come in inebriated, which can lead to disorderly or violent conduct. As one employee said, “Waffle House is not for the weak at all. They will eat you up and spit you out if you let them. … People and alcohol don’t mix. They come in belligerent, they come in irate, they come in just being disrespectful, and they feel like it’s owed to them. We’re supposed to just take it, and it’s unacceptable.” In May, Waffle House CEO Joe Rogers III announced the “single largest additional investment in our workforce” by raising base pay to three dollars per hour, a direct result of organizing with the USSW, though workers hope to win more.
Daily News & Commentary
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April 16
7th Circuit questions the relevance of NLRB precedent after Loper Bright, unions seek to defend silica rule, and Abrego Garcia's union speaks out.
April 15
In today’s news and commentary, SAG-AFTRA reaches a tentative agreement, AFT sues the Trump Administration, and California offers its mediation services to make up for federal cuts. SAG-AFTRA, the union representing approximately 133,000 commercial actors and singers, has reached a tentative agreement with advertisers and advertising agencies. These companies were represented in contract negotiations by […]
April 14
Department of Labor publishes unemployment statistics; Kentucky unions resist deportation orders; Teamsters win three elections in Texas.
April 13
Shawn Fain equivocates on tariffs; Trump quietly ends federal union dues collection; pro-Palestinian Google employees sue over firings.
April 11
Trump considers measures to return farm and hospitality workers to the US after deportation; Utah labor leaders make final push to get the “Protect Utah Workers” referendum on the state’s ballot; hundreds of probationary National Oceanic and Atmospheric Administration employees were re-terminated
April 10
Chief Justice Roberts pauses reinstatement of NLRB Chairwoman Wilcox and MSBP Chairwoman Harris, former EEOC Commissioner Samuels sues Trump alleging unlawful firing, and unions sue to block Trump executive order targeting collective bargaining agreements at federal agencies that have national security missions.