Rachel Sandalow-Ash is a student at Harvard Law School and a member of the Labor and Employment Lab.
The National Right to Work Legal Defense Foundation is challenging public sector workers’ right to exclusive union representation at the Massachusetts Supreme Judicial Court. The NRWLDF, the anti-union organization that represented the plaintiff in Janus, is now teaming up with the right-wing Pacific Legal Foundation, the National Federation of Independent Businesses, and the Mackinac Center to argue that exclusive representation violates the First Amendment rights of workers who refuse to join the union. Massachusetts AFL-CIO President Steven Tolman explained that this lawsuit constitutes an “attack on working people,” as ending exclusive representation would undermine worker solidarity and power.
Susan Holmberg, a political economist at the Roosevelt Institute, favorably compared Elizabeth Warren’s proposal to give workers the right to vote for 40% of corporate board seats to existing German codetermination policies. In her op-ed in the New York Times, Holmberg writes that in Germany, “workers at large companies elect up to half the members of supervisory boards . . . Workers also elect representatives to works councils, the ‘shop-floor’ organizations that deal with day-to-day issues such as overtime pay, major layoffs and monitoring and evaluation.” Holmberg explains that this model has successfully promoted both economic equality and workplace democracy.
Representative Ayanna Pressley (MA-7) wrote a letter to House and Senate leadership calling for a deal to end the government shutdown that includes back-pay for employees who work for federal contractors. Whereas directly employed federal workers usually receive back-pay after a shutdown, contracted workers usually do not. In her letter, Pressley highlights the thousands of low-wage workers — including food service workers, janitors, and security guards employed by federal contractors — who have been furloughed from their jobs with no prospect of back-pay.
Broadway actors, represented by the Actors’ Equity union, are pushing for a share of the profits from the shows that they help to create. Broadway actors are increasingly working in “developmental labs,” month-long sessions in which actors and writers test out material for shows in progress. Actor and union leader Stephen Bogardus said, “We are collaborators, and… we should be able to share in the success of the show.”
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November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary 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.