Travis Lavenski is a student at Harvard Law School.
In today’s News & Commentary, the third largest railroad union votes to reject labor deal; workers at the University of Minnesota have authorized a strike; and a new volume from the Economic Policy Institute explores how the assumption of balanced power between employers and employees hurts workers.
The Brotherhood of Maintenance of Way Employes Division (BMWED), the third largest rail union in the United States, voted to reject a 5-year deal with management on Monday. Approximately 12,000 of the union’s 23,000 members participated in the vote, with 57% voting against the contract. The proposed deal, which was arrived at this summer with help from arbitrators appointed by President Biden, would have granted workers a pay raise and minor improvements on healthcare coverage and time-off policies. A statement released by the union stated that members “hold their employer in low regard” and that workers “resent the fact that management holds no regard for their quality of life, illustrated by their stubborn reluctance to provide a higher quantity of paid time off, especially for sickness.” While several of the smaller rail unions have voted to approve deals with their employers, the two largest unions have yet to decide whether to approve of the proposals. Todd Vanchon, professor of labor studies at Rutgers University, believes that the BMWED vote could shed light on the results two largest rail union votes, calling this result a “canary in the coal mine” for those union’s upcoming votes. While this vote opens the door for a future strike, the union has stated that operations will continue along the status quo until at least mid-November.
Workers represented by the Teamsters Local 320 at the University of Minnesota voted by 93% to authorize a strike this week, which could begin as soon as October 22. The union represents approximately 1,500 service workers across UMN’s five campuses. Workers have complained of poverty wages and discriminatory practices and are demanding that the University resolve those issues. The strike vote comes just days after the Teamsters released a statement claiming the University refused to offer a pay rise that would meet the rate of inflation and charging the University with attempting to bust the union.
A new volume from the Journal of Law and Political Economy explores how the assumption of equal power between employers and employees has been detrimental to workers. The volume, edited by Lawrence Mishel of the Economic Policy Institute, provides that the assumption of parity between workers and employers ignores fundamental realities on the ground, such as key barriers which make it difficult for workers to quit. Furthermore, the volume contests claims that infringements upon the freedom to contract, including collective bargaining, minimum wage rates, and labor standards, harm the economy overall. An introduction to the volume can be accessed here, while the full volume is available here.
Daily News & Commentary
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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.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.