This year Google employees have organized protests against the tech giant, taking aim at the company’s use of forced arbitration agreements and its work with the military. Unsurprisingly the demonstrations were planned primarily over company email. Though the company has publicly expressed support for its workers’ actions and has fulfilled demands such as dropping forced arbitration for sexual harassment and assault claims, the company has quietly been arguing in unrelated cases that the National Labor Relations Board should overturn Obama-era precedent protecting workers’ right to use company email for concerted activity.
Workers at the New Museum in New York City voted 38 to 8 in favor of unionization, with 10 votes yet to be counted. The organizing drive sparked controversy when the museum hired a Kentucky-based union avoidance law firm to persuade employees to vote against representation. In response, over 50 notable artists, curators, and educators signed a letter to museum leadership condemning the hiring of the firm. The workers are joining United Auto Workers Local 2110, which represents workers at New York’s Museum of Modern Art, the Bronx Museum of the Arts, and the New-York Historical Society, as well as clerical and academic workers at Barnard, Columbia, and NYU.
Yesterday the Occupational Safety and Health Administration (OSHA) announced its final rule rescinding a requirement for employers with 250 or more employees to electronically submit detailed information about workplace injury and illness incidents to OSHA, even though they will still have to keep the records on-site. As Jordan Barab reports, the rule was rushed through both OSHA and OIRA even though the government has been partially shut down. Employers will still be required to submit a summary of injury and illness incident data.
Unions representing federal government workers are reportedly divided in response to the government shutdown. While Border Patrol union leaders support President Trump’s push for a wall between the United States and Mexico even at the cost of a shutdown, representatives for hundreds of thousands of other employees going without pay have demanded that the impasse come to an end. Three union leaders were arrested on Wednesday after taking part in a sit-in in Senator Mitch McConnell’s office.
Max Abelson writes for Bloomberg Businessweek about what happens behind closed doors in employment arbitration, relying on thousands of pages of transcripts released by an ex-financier who sued his former employer and was forced to bring his claims before a private arbitrator. As Abelson writes, “[r]eading through them doesn’t give the impression of grand injustice as much as it feels like getting stuck at an endless dinner with guests who despise each other. It would be funny if someone’s livelihood wasn’t on the line.” The piece brings arbitration to life with a colorful illustration of “Arbitration Hell.”
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 […]