Ajayan Williamson is a student at Harvard Law School.
In today’s news and commentary, Starbucks workers vote to authorize a strike; the Sixth Circuit rejects Thryv remedies; and OPEIU tries to intervene, again, to defend the NLRB.
Yesterday, Starbucks Workers United announced that its members have voted to authorize an strike if a contract is not finalized by November 13. Contract talks have been in progress since late last year; the union voted down a potential deal in April, seeking concessions on hours, pay, and the outstanding unfair labor practice charges. Yesterday’s vote authorizes an open-ended strike beginning on “Red Cup Day,” the start of the company’s busy holiday season. However, the union represents only about 9,000 of the company’s 200,000 workers, and the company claimed it would be able to keep most stores open “regardless of the union’s plans.”
Meanwhile, the Sixth Circuit ruled yesterday that the NLRB may not order a company to pay for the “direct or foreseeable pecuniary harms” of an unfair labor practice, rejecting the “Thryv remedy” that the Board had imposed. As Ted and I have written, the Third and Fifth Circuits recently rejected Thryv remedies, but the Ninth Circuit recently reaffirmed them. This latest ruling — which also happens to involve allegations of unfair labor practices by Starbucks — contributes to a growing circuit split over the propriety of such remedies.
Finally, the Office and Professional Employees International Union (OPEIU) announced yesterday that it would attempt to seek certiorari in SpaceX’s suit against the NLRB. As Anjali explained in August, the Fifth Circuit’s ruling in that case effectively halted unfair labor practice charges in Texas, Louisiana, and Mississippi. The NLRB announced last month that it would not appeal the decision; in a complex procedural posture, OPEIU was previously allowed to intervene and argue the case, but it was ejected from the proceeding by the Fifth Circuit a few months later. The latest motion directly asks the Supreme Court to allow OPEIU to intervene again and appeal the Fifth Circuit’s decision.
Daily News & Commentary
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November 26
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 […]
November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.