William Greenlaw is a student at Harvard Law School.
Major League Baseball has issued an ultimatum to the players’ union amid their collective bargaining negotiation, saying that if no agreement is reached by Monday, they will begin cancelling regular season games. An MLB spokesman stated, “A deadline is a deadline.” A primary difficulty in these negotiations is that the MLB has control over the playing schedule, so that itself is not negotiable. Representatives from both sides have stated they will work through the weekend to try to work out a deal and have not ruled out that negotiations will still continue even if the deadline is passed. The latest state of the negotiations includes a dispute on how low the competitive balance tax ceiling should be. The CBT is the limit on the cumulative amount players’ on teams can be paid without the team suffering a penalty. Players prefer the cap be higher with lower penalties while the MLB prefers it be lower with higher penalties. Should games be cancelled, it would be the first time since the 1994 and 1995 seasons that the season was shortened due to labor disputes.
The legislative movement on staff unionization continues March 2nd with a new congressional hearing. Originally, congressional staffers anonymously circulated a petition on the unionization question. The original concerns were the infamously low pay and high turnover on Capitol Hill. Since 1996, legislative aides have had the right to unionize under the Congressional Accountability Act, but it has never been invoked. According to the Office of Congressional Workplace Rights, there is no actual legislative action that needs to be passed in order to recognize or bargain with a union. Hence the hearing is a gesture to begin discussing that possibility. The hearing will take place in the House Committee on Administration, chaired by California Democratic Representative Zoe Lofgren.
Starbucks Workers United have issued a sharp rebuke of a ruling that delays vote-counting for three of the Starbucks stores’ union efforts in Buffalo. The Starbucks Corporation filed an appeal with the National Labor Relations Board to argue that any union election should include multiple stores, meaning that each election would take more votes to win. Notably, a decision might not come out until the vote has completed. In such a case, the ballots are impounded if the Board has not made a decision by the scheduled count date. Ian Hayes, a lawyer for the Union, stated, “I am done trying to define what is motivating them or why what they do happens. . . . This is the result we got today, I don’t know how else to explain it. I would love to hear an explanation from them.” The Board articulated its procedures, “For every request for review, the Board aims to thoroughly examine the parties’ arguments while also acting quickly to ensure that workers have the opportunity to vote whether or not they want a union to represent them. . . . These competing concerns mean that the Board will not always rule on a request for review before the scheduled count date.” A similar appeal was attempted earlier this week in Arizona, which the Board denied. Especially under a Democratic Board, this could suggest the union will ultimately win.
Daily News & Commentary
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March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]