Ajayan Williamson is a student at Harvard Law School.
In today’s news and commentary, the Ninth Circuit declines rehearing on Thryv remedies; unions and others organize against Elon Musk’s proposed pay package; and a federal judge extends an order protecting government workers from shutdown-related layoffs.
On Tuesday, the Ninth Circuit denied en banc review in a challenge to an NLRB decision that ordered Macy’s to reimburse striking workers for the economic costs of an illegal lockout. As Andrew explained earlier this year, the case arose from the NLRB’s decision in Thryv Inc., which allowed workers to recover for “direct or foreseeable pecuniary harms” in addition to backpay as a remedy for unfair labor practices. The Ninth Circuit’s original decision in January held that Thryv was within the NLRB’s statutory authority, but that decision conflicts with the Third Circuit’s ruling last year that such remedies exceed the Board’s authority. Tuesday’s denial ensures that there will be a circuit split if Macy’s seeks review at the Supreme Court.
Tuesday also saw the launch of a campaign by unions and organizations to oppose a trillion dollar pay package for Tesla CEO Elon Musk. The campaign is called “Take Back Tesla,” and it is led by a coalition including the American Federation of Teachers and the Communication Workers of America. The unions don’t have direct control over the shareholder vote on Musk’s pay package, which is scheduled for early November. However, the campaign plans to generate pressure on state pension funds and major mutual funds that hold Tesla shares, pushing them to vote against the package.
Finally, the litigation over the current government shutdown continued yesterday as a federal judge expanded the set of federal employees temporarily protected from firings. As Mila reported, last week Judge Susan Illston granted a temporary restraining order halting the “Reductions in Force” procedures the administration is invoking to attempt to permanently terminate workers during the shutdown. However, the order only applies to the bargaining units and workers represented by the plaintiff unions. This week, Judge Illston allowed additional unions to join as plaintiffs, enabling the order to extend to potentially thousands of additional employees. The current order is temporary, but it was based on Judge Illston’s finding that the plaintiffs were likely to succeed on their claim that the firings were politically motivated and unlawful under the Administrative Procedure Act. In the meantime, the government may be proceeding with terminating workers who aren’t represented by the plaintiff unions.
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August 18
New Trump administration rules will remove the Merit Systems Protection Board's independence; a CFPB union leader suspended alleges retaliation; the National Treasury Employees Union requires its members to pay dues as it battles to stay financially afloat.
August 17
Tensions rise between New York City's teachers' union and City Hall; NLRB judge finds Brooklyn hospital violated labor law.
August 16
New documents show that federal surveillance operations targeted Minnesota labor unions during the ICE surge, and the Equal Employment Opportunity Commission denies halting federal class discrimination complaints.
August 14
Hollywood unions diverge in response to the Paramount-Warner merger saga; Tesla defeats a years-long strike in Sweden, and labor scholars advocate for state sectoral bargaining policy innovation.
August 13
EEOC complaint process expected to harm federal workers; former UAW leaders endorse Fain challenger; Xbox employees protest layoffs.
August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.