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December 13, 2017
News & Commentary

Edward Nasser

Tomorrow, the National Labor Relations Board will publish a Request for Information in the Federal Register, asking for public input regarding the Board’s 2014 “Quickie Election” Rule. The amendments, which took effect on April 14, 2015, allowed union organizing to move at an accelerated pace by, among other things, significantly reducing the time between the […]

Janus Amicus Brief: American Center for Law & Justice

Dec 13, 2017 Maddy Joseph

The American Center for Law and Justice, a religiously oriented free speech advocacy organization, filed an amicus brief in Janus critiquing Professor Sachs Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018) (summarized here). Notably, the counsel of record on the brief (who is also ACLJ’s chief counsel) is one of President Trump’s personal […]

Janus Amicus Brief: Charles Fried & Robert Post

Dec 12, 2017 Maddy Joseph

Last week, First Amendment scholars Professors Charles Fried and Robert Post filed this amicus brief in Janus in support of neither party. On the one hand, Fried and Post worry that First Amendment “doctrines would be substantially undermined were this Court to accede to petitioner’s request categorically to hold public-sector agency fees unconstitutional under the First Amendment.” […]

United States’ Amicus Brief in Janus

Dec 7, 2017 Maddy Joseph

The United States filed an amicus brief last night in Janus v. AFSCME asking the Supreme Court to overrule Abood and to hold that public sector agency fee agreements are unconstitutional. This represents a change in the federal government’s position since Friedrichs, in which the U.S. filed an amicus brief in support of public sector agency fee arrangements.

Petitioner’s Brief Filed in Janus

Dec 1, 2017 Maddy Joseph

Earlier this week, the petitioner in Janus v. AFSCME filed this opening brief, which asks the Court to overrule Abood and to declare public sector agency fee agreements unconstitutional. The thrust of the argument is that “Abood is offensive to the First Amendment” because “[i]t permits the government to compel employees to subsidize an advocacy group’s political activity.” Here’s a more […]

November 29, 2017
News & Commentary

Edward Nasser

The Province of Ontario is testing the effects of a basic income program on poverty, reports the New York Times. Ontario will provide a basic income to 4,000 people who are unemployed or who make an annual salary of less than 34,000 Canadian dollars ($24,000) in three different communities. Single people receive up to 17,000 dollars ($13,000) […]

November 15, 2017
News & Commentary

Edward Nasser

The ACLU filed a lawsuit in the Middle District of North Carolina on behalf of the Farm Labor Organizing Committee (FLOC) alleging that a new state law would make it all but impossible for the farmworkers’ union to continue operations. The lawsuit challenges the North Carolina Farm Act of 2017, which targets FLOC in two ways. First, […]

Why Not Hold Union Representation Elections on a Regular Schedule?

Nov 1, 2017 Andrew Strom

When the Obama NLRB modernized the Board’s election rules and eliminated some unnecessary delays, employers characterized the result as “ambush elections,” and insisted they would no longer have enough time to wage their anti-union campaigns. Even though the NLRB found substantial evidence that employers are generally aware of union organizing drives long before an election […]

October 12, 2017
News & Commentary

Raj Salhotra

According to this article, labor unions are using Social Media and lobbying on Capitol Hill to demand that lawmakers end the North American Free Trade Agreement (NAFTA). The unions argue that NAFTA hurts American workers by allowing unfair competition from foreign workers. Unions including the AFL-CIO believe that a new trade agreement should include more […]

Janus and Gerrymandering

Oct 6, 2017 Benjamin Sachs

Two cases before the Supreme Court this Term will determine the extent to which political parties can entrench themselves in office. The most obvious of these cases is Gill v. Whitford, which involves the constitutional permissibility of partisan gerrymandering. Gerrymandering is, of course, the classic tool of entrenchment. When a party takes control of the state […]

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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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