Fran Swanson is a student at Harvard Law School.
A brief filed this week by NLRB General Counsel Jennifer Abruzzo called for the reinstatement of the Joy Silk doctrine, Bloomberg Law reports. Currently, a bargaining order may only issue in cases where an “employer’s misdeeds are so widespread they make a fair election impossible,” a standard which the brief argues has “failed to deter employers” from interfering with elections. Under a return to Joy Silk, an employer would be ordered to recognize and bargain with a union if the union is supported by a majority of workers in the bargaining unit, even absent an election, unless the employer can show that its refusal to bargain is based on its good faith doubt about the union’s majority status. The brief was filed in an ongoing case with the Teamsters and Cemex Construction Materials Pacific, and argues that the doctrine be reinstated prospectively, rather than calling for a bargaining order in the instant case.
More than 50 gig workers have been killed on the job since 2017 and—by design—their families are left with very few places to turn to for financial support, a new report from Gig Workers Rising finds. Professor Catherine Fisk told NPR that companies “structured their relationships so they’re not responsible for the injuries their drivers experience over the course of employment,” including having workers sign forced arbitration agreements that block families from filing wrongful death suits. When Bella Lewis, a 26-year old who drove for Lyft, was shot and killed by a random passenger, her family said that Lyft would not even pay to clean the blood from the car in which she was killed because it did not meet the $2,500 deductible.
And, in The American Prospect, Jon Hiatt argues for organized labor to develop a Labor Self-Organizing Workers Support Project to support the wave of worker self-organizing happening now across industries. Victories for the Amazon Labor Union and Starbucks Workers United, as well as high levels of public support for unions, present a unique opportunity at a time when union density is low and congressional action has stalled. Organized labor must “supplement[], not supplant[]” self-organizing efforts, offering the institutional support mechanisms like legal assistance to ensure that these initiatives win lasting gains.
Daily News & Commentary
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September 21
In today’s News and Commentary, the Seventh Circuit raises the bar for the NLRB to obtain preliminary injunctions, the California Primary Care Association sues SEIU-UHW for racketeering, and the Seventh Circuit finds that an employer group and think tank do not have standing to challenge an Illinois law banning captive audience meetings. On Friday, the […]
September 20
Culinary Workers Union members protests union leadership; lawsuit against OpenAI and Microsoft reveal internal concerns about the threat of AI training to human labor.
September 17
Unions push to block Google from buying Spirit Airlines employment records; U.S. Department of Labor sues Oklahoma coffee chain over alleged wage violations.
September 16
Trump nominates Catherine Eschbach as EEOC general counsel; NLRB declines to resolve union work-assignment dispute; Allina Health physicians begin four-day strike.
September 15
Documents reveal the inner workings of Amazon's union avoidance program; Washington state public sector unions reach tentative deals amid a difficult bargaining cycle; hundreds of Nevada Culinary Union members protest their union's health care changes.
September 14
NCAA and Big Ten file motion to dismiss in former star player's NIL suit; Seventh Circuit rules against former postal worker in discrimination suit.