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Three Problems in Mulhall

Nov 12, 2013 Jordan M. Grossman

This is a re-post of Jack Goldsmith’s August 21, 2013 post titled, “Three Problems in Mulhall.“ I have already explained why the Supreme Court’s grant of certiorari in Mulhall seemed to defy its usual criteria for cert-worthiness, and suggested that at least four members of the Court were itching to affirm. After further pondering the case, and acknowledging that […]

What Happened with the Fast Food Worker Protests, and What’s Next?

Nov 12, 2013 Jordan M. Grossman

Over the past year, low-wage workers in the fast food industry began a wave of high-profile strikes across the nation. The effort started last November with a single protest in New York and affected as many as 1,000 stores in 58 cities on August 29th. Why did these actions come about, what is the campaign seeking, has it generated […]

Why Mulhall is a Hard Case

Nov 11, 2013 Jack Goldsmith

The Supreme Court case considering the legality of union organizing agreements – UNITE HERE Local 355 v. Mulhall – is being argued Wednesday. Ben describes Mulhall in today’s NYT as potentially “the most significant labor case in a generation.” The case is significant because, as Ben once noted, “essentially all successful union organizing campaigns today […]

What Exactly Are Obamacare Navigators?

Nov 11, 2013 Jordan M. Grossman

As we’ve covered, the House of Representatives’ Education and the Workforce Committee has launched an investigation into Obamacare “navigators” to “ensure individuals’ privacy is protected and contact with an ObamaCare navigator doesn’t lead to a phone call from union organizers.” But what exactly are navigators? Put simply, navigators are individuals or organizations who receive federal funds […]

An Explainer: What’s Happening with Domestic Workers’ Rights?

Nov 6, 2013 Rachel Homer

A high proportion of low-wage workers in this country are what we would call domestic workers. Any account of the working poor and middle class in America must consider how domestic workers are faring in our economy. But one the key tools that workers have historically used to improve wages and working conditions—unionization—is unavailable to […]

David Moberg’s Article on the AFL-CIO’s Strategies for a “New Working Class Movement”

Nov 6, 2013 Rachel Homer

At the AFL-CIO convention this fall, the federation adopted four strategies to build a “new working class movement.” David Moberg has an excellent article at In These Times, with extensive coverage of the AFL-CIO’s new approach. Moberg’s article is worth a read in its entirety–it covers AFL-CIO President Richard Trumka’s vision for the future of […]

Petitioner's Reply Brief in Mulhall

Nov 4, 2013 Jack Goldsmith

Here is the final brief in Mulhall, the Petitioner’s reply. Oral argument in nine days. We’ll have a preview and analysis before then.

Notable Decision – Michigan Building and Trades Council v. Snyder

Nov 4, 2013 Max Utzschneider

This post surveys some recent developments in what might be termed the politics of federal labor preemption. In a recently decided case, Michigan Building and Trades Council v. Snyder, the Sixth Circuit held that a Michigan law prohibiting governmental entities from signing Project Labor Agreements with unions was not preempted by the National Labor Relations […]

House Committee Investigates Role of Worker Centers in ObamaCare Enrollment

Nov 1, 2013 Emily Cusick

House Education and the Workforce Committee Chairman John Kline (R-MN) and Health, Employment, Labor, and Pensions Subcommittee Chairman Phil Roe (R-TN) today asked the Department of Health and Human Services (HHS) to provide information concerning the role of worker centers in implementing the Patient Protection and Affordable Care Act (PPACA). The request is part of an ongoing Committee effort examining […]

Senate Confirms Richard Griffin as General Counsel of the NLRB

Oct 29, 2013 Jordan M. Grossman

Tonight, the U.S. Senate voted 55-44 to confirm Richard Griffin to be General Counsel of the National Labor Relations Board (NLRB). No Republicans voted to confirm Griffin, but seven voted to allow the confirmation vote to proceed. The General Counsel role has not been filled by a Senate-confirmed appointee for over three years. Griffin was […]

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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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