
Iman Masmoudi is a student at Harvard Law School.
In a move to express solidarity with Uber Drivers, Uniting Church told its workers yesterday to stop using Uber, citing the company’s “unethical foundations.” The Church is the largest non-government provider of services to the community in all of Australia. The Church pointed to the recent “Uber Files” report and Uber’s practices of mistreating its drivers and avoiding its taxes. The Guardian reports that several other large organizations in Australia are considering similar freezes on using Uber’s services. Expectedly, Uber expressed dismay at the announcement. Pre-emptive boycotts such as this have a long and controversial history in labor movements, even absent active strikes.
In other news, Jonathan Harkavy recently published a publicly-available review of the Supreme Court’s recent term from an employment law perspective. The article summarizes and offers commentary on each employment-related decision of the 2021 Term, including dissents from denial of certiorari and emergency filings. It then previews the upcoming employment-related docket based on grants of certiorari. The article concludes with reflections situating the recent decisions in the broader labor and employment movements, providing a useful tool for followers of key labor and employment law developments.
Finally, More Perfect Union reports that railroad union leaders were disappointed by the contract recommendations issues by President Biden’s emergency board. The board was appointed to help resolve a three-year negotiation impasse during which union leaders were unable to agree on a contract with the largest railroad carriers in the nation. Nearly 115,000 workers have been without raises for three years and their union leaders came to the table asking for wage and benefits increases. Without an agreement by September 16, the workers can call for a national strike and the railroads can lock out workers. Seeking to avoid this outcome, Biden appointed the Presidential Emergency Board (PEB), which sought a compromise solution. While it recommended wage and benefits increases, the PEB’s proposals fell short of worker’s demands and were coupled with potential increases in healthcare costs as well. Union leaders were also disappointed by the plethora of issues on which the PEB simply did not take a position and instead recommended further negotiations or binding arbitration, which many view as a “guaranteed loss.” Workers called the recommendations “a slap in the face,” while the railroads indicated they would be willing to accept the proposed agreements. For now, a thirty-day period commences in which both sides consider whether to accept the proposals or negotiate further.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]