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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July 17
Canadian wildfires endanger rail workers; 26 Meta employees allege targeted layoffs for those on paid leave; FIFPRO pushes for more rigorous heat protections for players.
July 16
Trump's NLRB nominee set for Senate vote, federal district court grants partial win on WARN Act claims, Brigham and Women's nurses return to work.
July 15
U.S. labor productivity climbs at its fastest pace in decades; a federal judge grants a preliminary injunction to anti-abortion groups challenging Michigan’s civil rights law; and Jackson, Mississippi’s bus workers walk off the job.
July 14
DOJ opens investigation of UAW president; LIUNA protests Pfizer building collapse; national park workers unionize
July 13
New York Times files retaliation suit against the EEOC; US government pushes back TPS designation termination for Haiti; federal judge grants preliminary injunction to federal workers seeking reasonable telework accommodations.
July 12
Postal workers demand investigation into Atlanta distribution center conditions following deaths; University of Chicago Press Workers vote to unionize.