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James Sherk of Heritage on Members-Only Bargaining

Jul 11, 2014 Jack Goldsmith

James Sherk, senior policy analyst in labor economics at The Heritage Foundation, writes in response to my post on A Labor Reform Proposal Conservatives Should Support: I support members-only bargaining which prevents non-members from receiving union services. I wrote in support of that idea in a Heritage Backgrounder two years ago. It is a labor reform conservatives […]

Members-Only Union at VW Chattanooga

Jul 10, 2014 Benjamin Sachs

It appears that the UAW is establishing a members-only union for workers at the VW Chattanooga plant. According to the UAW, “there won’t be exclusive representation” and any agreement reached between the union and the employer would apply only to union members. And, according to the union: This is a good thing for us because it’s […]

A Labor Reform Proposal Conservatives Should Support

Jul 10, 2014 Jack Goldsmith

The touchstone of conservative criticism of unions is worker “coercion” – the idea that individuals who don’t want to be in unions are required to join one if a majority of workers in the bargaining unit votes for one, or at least are required to pay agency fees for the non-political aspects of collective bargaining. […]

U-Visa Protections for Immigrant Workers: A Backgrounder

Jul 8, 2014 Greg Baltz

In the last decade, labor protections for undocumented immigrant workers have come under attack. In its 2002 Hoffman Plastics decision, the Supreme Court found that undocumented workers fired in retaliation for engaging in mutual aid and protection and in violation of the National Labor Relations Act are not entitled to back pay. In the wake […]

Guest Post: In Defense of "Last-In, First-Out"

Jul 7, 2014 Andrew Strom

Andrew Strom is Associate General Counsel of SEIU Local 32BJ. The trial court decision in Vergara v. State of California drew headlines recently because the judge struck down several provisions of California’s laws governing tenure for public school teachers. One of the provisions at issue was the “last-in, first-out rule,” which provides that the last hired […]

Roundup of Harris v. Quinn Commentary

Jul 1, 2014 Rachel Homer

Since the Court decided Harris v. Quinn, there has been a slew of insightful analysis around the internet. From the team here at OnLabor, Jack Goldsmith’s take is here and Ben Sachs’s is here. Sachs also did an interview with The Takeaway and with HuffPost Live to discuss the opinion. A roundup of other commentary […]

Five Justices Probably Still Want to Kill Abood

Jul 1, 2014 Jack Goldsmith

Ben plausibly says of Harris: The dicta in Harris about Abood is serious, and it shows that some number of Justices would like to overturn Abood. But the holding in today’s decision shows that that number probably does not equal 5. Most of the Harris dicta is just a repeat of what was already said Knox, and Harris was a completely viable vehicle for overruling Abood. That the Court did not […]

Some Quick Analysis of Harris v. Quinn

Jun 30, 2014 Benjamin Sachs

Here’s a very quick summary of what the Court says and some implications: The Court starts by emphasizing the degree of control that “customers” – the individuals receiving home care – exercise over the personal care assistants at issue in the case. The Court then emphasizes what it sees as the relative lack of control exercised by the state: […]

Ben Sachs on HuffPost Live

Jun 30, 2014 Rachel Homer

Professor Ben Sachs is on HuffPost Live right now discussing Harris v. Quinn.

NPR's "The Takeaway" Interviews Professor Ben Sachs

Jun 30, 2014 Rachel Homer

The Takeaway interviewed Professor Ben Sachs this morning to discuss Harris v. Quinn and its implications. The audio file is available here, and well worth a listen! Stay tuned for more analysis.

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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