In a follow-up to yesterday’s news, Seattle voted yesterday to pass an ordinance allowing the city’s for-hire drivers (including Uber, app-assisted, and taxi drivers) the right to form a union, according to the Seattle Times. Uber and Lyft have contended that the ordinance violates federal law, presumably under a claim that the NLRA preempts the local regulation. The Seattle ordinance seeks to avoid this preemption by adopting, perhaps ironically, the companies’ contention that the drivers are independent contractors, which supporters of the measure claim put the law outside the ambit of NLRA preemption. Former NLRA Chair Wilma Liebman explained the issue to the Huffington Post, stating, “The Seattle law is intended to give collective bargaining rights to those who are independent contractors. . . . To that extent, there’s no pre-emption problem.”
The Seattle bill may simply be a harbinger of much greater movement to come if a bill proposed in the California legislature becomes law. According to the Los Angeles Times, the bill appears to bear a striking resemblance to the Seattle measure. If passed, it would authorize independent contractors in the gig economy to bargain collectively for wages. The article made clear that if Uber drivers ultimately win their lawsuit to be classified as workers, they will not be eligible for the organizing protections of the new law. Even the bill’s sponsors, however, discounted the possibility of it being signed into law. “This is going to be tough, Assemblywoman Lorena Gonzalez said. “But tough in a good way. I want to challenge people to think about this. It will require my colleagues to really stretch.”
Yesterday the Chicago Teachers Union voted to authorize its union leaders to call a strike as early as March if its negotiations with the Chicago Board of Education remain stymied into the new year, according to the Chicago Sun-Times. An overwhelming 96.5% of the 92% of teachers who turned out to vote approved of the strike authorization, easily meeting the required 75% approval required by Illinois law. Jesse Sharkey, vice president of the union, played on the turmoil surrounding Mayor Rahm Emanuel’s administration in demanding that he meet the teachers’ demands. “Rahm Emanuel really does not need a teachers strike,” Sharkey said. “And what we’re telling him is if he doesn’t listen to us, that’s what he’ll get.”
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November 27
Amazon wins preliminarily injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]
November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.