The National Labor Relations Board released its groundbreaking ruling in Browning-Ferris, which considers a company that hires a contractor to staff its facilities to be a joint employer of the workers at that facility. According to the New York Times, a union at a franchisee would now be immediately entitled to negotiate not only with the franchise owner but also with corporate headquarters. The decision may also make it easier for unions to form at all, as parent companies (now joint employers) will no longer be able to use the tactic of shutting down franchises on the verge of unionizing. The 3-2 decision fell along partisan lines and, according to the Washington Post’s Lydia DePillis, “created sharp disagreements within the labor board,” in which the dissent accused the majority of going beyond the Board’s authority. DePillis writes that the NLRB’s action is “just the latest to tackle the trend” of employers misclassifying workers as independent contractors.
One St. Louis resident and outspoken #BlackLivesMatter supporter is less enthusiastic about an increase in the minimum wage. Lydia DePillis writes that Democratic Alderman Antonio French fears that a minimum wage increase will push businesses to relocate. For French, low-paying jobs are better than none, and the city needs to conduct a formal study to determine how an increase will impact on the local economy. But for other activists, French’s concerns about the increase are unwarranted and inconsistent with his other statements. Community organizer Ashli Bolden told the Washington Post, “He’s screaming black lives matter, but we don’t deserve higher wages?”
As the California legislature draws to a close, the assembly members voted to shelve the bill on an increase in state minimum wage. The Los Angeles Times reports that the Appropriations Committee plans to keep the minimum wage increase on the agenda for next year, and may raise wages by region rather than across the state. The Legislature also tabled the vote to provide work permits to agricultural laborers in the country without documentation. “I am deeply disappointed that thousands of undocumented farmworkers throughout the state will continue to live in limbo and fear, despite their significant contributions to California and its economy,” Assemblyman Luis Alejo of Watsonville said.
Vikas Bajaj of the New York Times commented on the Bangladeshi Dhaka High Court’s ban of the the release of a film about the collapse of the building that killed more than 1,100 garment workers in 2013. A labor leader brought the case against the movie, Rana Plaza, out of concern that the film did not sufficiently credit labor unions for trying to protect workers. The court feared that the documentary would “negatively portray” the Bangladesh’s garment industry.
Daily News & Commentary
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March 22
In today’s news and commentary, a resurgence in salting among young activists, Michigan nurses go on strike, and states explore policies to support workers experiencing menopause. Many unions have historically sprung up as the result of workers organizing their own workplaces. Young people drawing on that tradition have driven a resurgence in salting, or the […]
March 20
Appeal to 9th Cir. over law allowing suit for impersonating union reps; Mass. judge denies motion to arbitrate drivers' claims; furloughed workers return to factory building MBTA trains.
March 19
WNBA and WNBPA reach verbal tentative agreement, United Teachers Los Angeles announce April 14 strike date, and the California Gig Workers Union file complaint against Waymo.
March 18
Meatpacking workers go on strike; SCOTUS grants cert on TPS cases; updates on litigation over DOL in-house agency adjudication
March 17
West Virginia passes a bill for gig drivers, the Tenth Circuit rejects an engineer's claims of race and age bias, and a discussion on the spread of judicial curtailment of NLRB authority.
March 16
Starbucks' union negotiations are resurrected; jobs data is released.