Kaitlin Knocke is a student at Harvard Law School and a member of the Labor and Employment Lab.
In today’s news and commentary, President Trump nominates Catherine Eschbach to serve as the EEOC’s general counsel, the NLRB declines to resolve a dispute over union-represented driving work, and approximately 150 Allina Health physicians begin a four-day strike.
On Monday, President Trump nominated Catherine Eschbach to serve a four-year term as General Counsel of the Equal Employment Opportunity Commission. Eschbach has served as the agency’s acting general counsel since last year and previously led the Department of Labor’s Office of Federal Contract Compliance Programs. If confirmed by the Senate, Eschbach would oversee the EEOC’s litigation program, including hundreds of attorneys responsible for investigating discrimination complaints, negotiating settlements, and litigating against employers. Reuters reports that Eschbach has assisted the administration’s efforts to eliminate diversity, equity, and inclusion programs, while the EEOC said upon her appointment last year that she would help implement the administration’s enforcement priorities through the agency’s litigation program.
On Friday, the National Labor Relations Board held that a dispute involving driving and hauling work at Wisconsin construction contractor The Boldt Company was not a jurisdictional dispute subject to resolution under Section 10(k) of the NLRA. The dispute arose after Boldt stopped employing Teamsters-represented drivers following the retirement of its last such employee, while employees represented by Operating Engineers Local 139 continued performing the work. After the Teamsters filed grievances seeking the work and Boldt suggested that resolving them could displace an Operating Engineers-represented employee, Local 139 threatened to picket. The Board concluded that the circumstances did not present a traditional jurisdictional dispute in which an employer is caught between competing union claims to the same work and therefore quashed the notice of hearing.
Finally, approximately 150 unionized physicians at Allina Health’s Mercy Hospital and Unity campus in Minnesota began a four-day strike on Monday after nearly three years of negotiations for their first contract. The physicians, represented by Doctors Council-SEIU, are seeking improvements to wages, benefits, and time off, as well as a greater voice in decisions affecting patient care, including the implementation of artificial intelligence, and the elimination of noncompete agreements. The union filed a ten-day unfair labor practice strike notice earlier this month after members overwhelmingly authorized a strike. Union leaders say physicians are also seeking greater input over staffing and workload decisions that they argue affect their ability to provide quality patient care. Allina, meanwhile, said that the union represents roughly ten percent of physicians credentialed at the two campuses and that it expects hospital operations to continue without disruption during the strike.
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October 7
DOL scraps plan to remove decades-old wage-and-hour guidance from federal regulations; New York enacts personnel records access law; Starbucks loses bid to dismiss Workers United trademark suit.
October 6
Protect College Sports Act dampens athlete unionization outlook; Stanford RA union decides to withdraw petition
October 5
Delaware bans captive audience meetings; EEOC settles remote work national origin discrimination claim; First Circuit stays enforcement order in VA's dispute with AFGE.
October 4
Boston nurses announce open-ended strike; federal judge restores federal prison workers' union protections; St. Louis workers form the first movie theater union in Missouri.
October 2
Gov. Newsom signs bill regulating AI in workplace; federal judge blocks Trump's $100,000 H-1B visa fee.
October 1
Senate confirms Keith Sonderling as Labor Secretary; Amazon warehouse workers launch an unfair labor practice strike.