Melinda Meng is a student at Harvard Law School.
In today’s News and Commentary, the Eighth Circuit vacates a DOL order for violating a company’s Seventh Amendment right to a jury trial and more than 1,300 workers at the Encore Boston Harbor go on strike over Labor Day weekend.
On Thursday, the Eighth Circuit ruled that BNSF Railway Company is entitled to a jury trial against a retaliation claim from a former railway operator. The former employee, Dale Gourneau, inspected railroad cars for safety compliance and was fired following a disciplinary proceeding. Gourneau subsequently filed a whistleblower complaint with OSHA. The Department of Labor’s Administrative Review Board ordered reinstatement, backpay, damages, and attorneys’ fees. The Eighth Circuit concluded that the administrative proceeding violated the company’s right to a jury trial under the Seventh Amendment and vacated the Department’s order. Judge Steven M. Colloton authored the panel opinion, writing that the public rights exception did not apply because Gourneau’s statutory claim is “in the nature of a common law suit” and does not impact a broader regulatory scheme.
On Friday morning, roughly 1,300 workers at the Encore Boston Harbor went on strike following failed labor contract negotiations. The warehouse, call center, valet, guest experience, and limo workers at the luxury hotel and casino organized with Teamsters Local 25 and UNITE HERE Local 26 and decided to call a strike after alleging that the company refused to bargain in good faith and failed to present a realistic offer. The Teamsters held a strike authorization vote in August that garnered 97 percent of the vote in favor, seeking a contract with better wages, stronger benefits, and enhanced protections on the job. Union workers are picketing the resort casino in Everett this Labor Day weekend. The Encore Boston Harbor brought in $847 million last year.
Daily News & Commentary
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October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.
October 12
Workers at the Obama Foundation begin organizing; MLB submits its latest collective bargaining agreement proposal; Brigham & Women's nurses postpone strike.
October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.