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Shutdown Update: How Are Workers Faring?

Oct 11, 2013 Jordan M. Grossman

The federal government has been shut down for two weeks, and it is having major impacts on workers. Perhaps the most immediate concern, as the Miami Herald notes, is that Friday marks the first “post-shutdown paydays . . . for a large chunk of the federal workforce,” meaning “government employees are bracing for a sudden drop […]

Comprehensive Immigration Reform: An Explainer

Oct 9, 2013 Jessica Harris

As President Obama nears the end of his fifth year in office, his administration is poised to set an unenviable record. By 2014, the Obama administration will have deported over two million people – more than the total number of people deported from this country between 1892 and 1997. Recognizing the urgent need for immigration […]

Campaign Finance and the Supreme Court: The Disparate Treatment of Unions and Corporations

Oct 9, 2013 Benjamin Sachs

In light of the Supreme Court’s return to campaign finance law, and the heightened public attention on the subject, I want to flag the deeply asymmetric ways the law treats union and corporate political participation. One obvious problem comes in the disclosure rules. As we’ve noted, “while campaign finance law requires neither unions nor corporations […]

Unions and Political Equality – A New Approach

Oct 8, 2013 Benjamin Sachs

I have a new Essay in the Yale Law Journal – The Unbundled Union: Politics Without Collective Bargaining. The piece argues that we can advance the goal of political equality by enabling workers to organize unions for political purposes even when the workers can’t – or choose not to – organize for collective bargaining. Here’s the abstract: […]

Unions' Basic Rights at Issue in the Supreme Court

Oct 8, 2013 Jordan M. Grossman

Pema Levy at the International Business Times has a very interesting article exploring the importance of Harris and Mulhall to unions’ basic rights to organize and collect dues. Levy notes that lawyers and scholars across the ideological spectrum agree that these cases could be the most significant labor law cases in decades and might fundamentally reshape how unions operate.

Frampton on Standing in Mulhall

Oct 7, 2013 Jack Goldsmith

Last month I outlined three “procedural hurdles” to affirmance in Mulhall: a possible absence of a private right of action, inadequate pleading, and mootness. In a good essay just posted on SSRN, Thomas Frampton, a Berkeley law grad and a law clerk for Judge Jack Weinstein (E.D.N.Y.), has identified a potential fourth problem: Respondent (and […]

The Significance of Harris and Mulhall

Oct 4, 2013 Jordan M. Grossman

Building on our recent coverage of Harris and Mulhall, Reuters has a good piece discussing the significance of these labor law cases, which the Supreme Court will hear this Term. The Reuters piece highlights our view that “‘[t]hese are cases that go to the heart of the legal regimes that are necessary to enable unionization.'” As we have […]

Harris v. Quinn: Why Unions are Not Like the PTA (and why it matters to the First Amendment)

Oct 3, 2013 Benjamin Sachs

Will Baude at The Volokh Consipracy has a good piece on the Supreme Court’s decision to review Harris v. Quinn. The question raised in Harris is whether the “fair share” provision contained in a collective bargaining agreement between a union of homecare workers and the state of Illinois – a provision that requires workers to […]

What Does "Changing Clothes" Mean, and Why Is It Important? An Explainer on Sandifer v. United States Steel Corporation

Oct 2, 2013 Jordan M. Grossman

Sometimes, Supreme Court cases revolve around seemingly minor disputes that have the potential to have major repercussions. Sandifer v. United States Steel Corporation, on which the Supreme Court will hear arguments on November 4th, is one of those cases. Specifically, the question presented in the case is: what constitutes “changing clothes” within the meaning of section […]

How Will the Government Shutdown Affect Federal Workers?

Oct 1, 2013 Jordan M. Grossman

The New York Times has published this helpful chart regarding which federal employees must still attend work during the government shutdown – because they are “essential to the protection of life and property and to national security” or fall under other exceptions – and which are instructed to stay home. More than 800,000 out of the […]

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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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