Anita Alem is a student at Harvard Law School.
In today’s news and commentary: Chipotle closes store following workers’ push to unionize, staffing firms sue NLRB General Counsel Abruzzo over captive audience meetings, and Kellogg MorningStar plant workers file to unionize.
On Wednesday, Chipotle United workers filed a complaint with the NLRB alleging Chipotle closed down its Augusta, Maine location in retaliation for workers filing for a union. In late June, workers at the Maine store were the first Chipotle location to file for a union election, followed closely by a Michigan location filing in early July. The NLRB previously filed a complaint against Chipotle in 2019 and found that Chipotle had intimidated and fired workers who were attempting to unionize. Chipotle stated that the closure was not a union-busting move but was instead a result of staffing shortages.
Bloomberg reported that several staffing firms have filed suit against NLRB General Counsel Jennifer Abruzzo in federal court in Texas, arguing that Abruzzo’s memo against captive-audience meetings is unconstitutional. The lawsuit states that “[t]he new interpretation prohibits employers from speaking to employees about unionization” and “directly restricts employer speech on the basis of its content, viewpoint, and speaker.” As Tascha reported in April, Abruzzo’s memo stated that captive audience meetings where employees are cornered by management or forced to convene to hear anti-union rhetoric are unlawful under the NLRA. This interpretation would reverse decades of anti-union judicial precedent and potentially significantly embolden union elections.
In more labor news, workers at a Kellogg MorningStar manufacturing plant in Zanesville, Ohio filed a petition for union representation with the NLRB on Tuesday. The nearly 300 workers at the plant are seeking to organize with the Bakery, Confectionery, Tobacco, and Grain Millers International Union. A union representative said the workers are “fighting against mandatory overtime, favoritism, and high health-insurance costs.” Late last year, 1,400 workers at Kellogg, who are represented by the BCTGM as well, were on strike for nearly three months and negotiated to dismantle the two-tiered benefits system that Kellogg had imposed.
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July 6
NY home health worker class action settlement secures preliminary approval; the NLRB upholds order finding Amazon violated federal labor law.
July 3
Unions seek a preliminary injunction to prevent USDA downsizing; the D.C. District Court issues a preliminary injunction against new student loan regulations; Matt Bruenig releases an analysis of Starbucks’ ongoing legal battle against Starbucks Workers United.
July 2
First Circuit denies federal worker unions’ mandamus petition; federal court denies preliminary injunction against new union reporting rule; House introduces the Securing Agriculture’s Workforce Act.
July 1
Trump nominates Keith Sonderling as Labor Secretary; DOL eliminates disparate-impact liability from Title VI regulations; OPM finalizes rule allowing suitability-based removal of federal employees for post-appointment conduct.
June 30
SCOTUS ends removal protections for agencies; staff at NYC cocktail bar vote to unionize.
June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]