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May 26th, 2019

Weekend News & Commentary — May 26th, 2019

Published May 26th, 2019 -

The House of Representatives overwhelmingly passed a bipartisan bill on Thursday that would bring major changes to the American retirement system. The bill, H.R. 1994 (Setting Every Community Up for Retirement Enhancement Act, or SECURE Act), seeks to ease som... More »

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Exclusive Representation and the First Amendment

Published February 13th, 2019 -

In Janus, the Supreme Court held that the First Amendment prohibits mandatory agency fees in the public sector. Although Janus had nothing to do with the constitutional status of exclusive representation, the majority’s opinion mentions exclusive represe... More »

January 7th, 2019

Today’s News & Commentary — January 7, 2019

Published January 7th, 2019 -

The National Right to Work Legal Defense Foundation is challenging public sector workers’ right to exclusive union representation at the Massachusetts Supreme Judicial Court.  The NRWLDF, the anti-union organization that represented the plaintiff in Janus... More »

December 19th, 2018

Today’s News & Commentary — December 19, 2018

Published December 19th, 2018 -

In wage and Auer news, Bloomberg reports that a potential Supreme Court ruling upending “Auer deference” could magnify judicial oversight of federal agencies enforcing labor and employment law.  Named after the Supreme Court’s decision in Auer v. Robbins and d... More »

August 3rd, 2018

Today’s News & Commentary — August 3, 2018

Published August 3rd, 2018 -

The Massachusetts legislature this week passed a new bill that would limit the use of noncompete clauses in that state. The new law, which still must be signed by Republican Governor Charlie Baker, would allow employers to prevent their workers from moving to ... More »

July 9th, 2018

Today’s News & Commentary — July 9, 2018

Published July 9th, 2018 -

Professor Susan Dynarski of the University of Michigan writes in the New York Times about a new economics study that shows the key role that unions have played in reducing inequality in the United States. In addition to improving their own members’ wages and b... More »

 

Janus and the Private Sector

Published July 3rd, 2018 -

In the grim aftermath of Janus v. AFSCME, discussion has focused on what the decision portends for agency fee agreements in the private sector. Given the cloud of doom that has descended on many of us, it’s not surprising that pessimism abounds. There is... More »

June 28th, 2018

Today’s News & Commentary — June 28, 2018

Published June 28th, 2018 -

The Supreme Court struck a major blow to public sector unions yesterday. The Janus ruling held that the First Amendment prohibits states from requiring non-union members to pay so-called “agency fees” to the union that represents them. Sharon Block and Ben Sac... More »

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Could Originalism Save Public Sector Unions?

Published June 7th, 2018 -

Justice Gorsuch’s silence during the Janus oral argument generated considerable buzz.  Wishful (yet tentative) commentators hoped the silence was a sign that the new Justice’s originalism would lead him to uphold Abood.  To be sure, Justice Thomas, the Court’s... More »

April 13th, 2018

Today’s News & Commentary — April 13, 2018

Published April 13th, 2018 -

New York Governor Andrew Cuomo signed legislation yesterday that is aimed at protecting public workers’ rights in advance of the Supreme Court’s potentially adverse ruling in Janus v. AFSCME Council 31.  The new law allows unions to deny full benefits to worke... More »