According to Politico, the NLRB has prohibited McDonald’s from subpoenaing various contractors hired by SEIU as part of its Fight for $15 campaign. McDonald’s had planned to point to communications between SEIU and BerlinRosen, a progressive communications firm, to show that the Fight for $15 is, at least in part, aimed at tarnishing McDonald’s national brand. In McDonald’s view, this would be relevant to showing that greater control over franchisees was justified in the name of brand protection and thus not indicative of a joint employment situation. This Thursday, the NLRB disagreed, rejecting the subpoena request as irrelevant to McDonald’s defense.
The Wall Street Journal reports that initial unemployment claims filed last week totalled a seasonally-adjusted 265,000. Although a slight increase from the week before, the level of jobless claims has remained below 300,000 for the 54th straight week, which constitutes “the longest such streak since 1973” and indicates a healthy jobs market.
Politico tackles the question that President Obama’s recent Supreme Court nomination has everyone wondering – “Should Labor Love Merrick Garland?” Although Garland has shown little receptivity to the use of first amendment arguments to challenge agency regulations, his practice of deferring to the NLRB’s decisions have typically benefitted unions. For OnLabor’s analysis of Garland’s labor positions, see here.
Daily News & Commentary
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July 18
Trump names two NLRB nominees; Bernie Sanders introduces guaranteed universal pension plan legislation; the DOL ends its job training program for low-income seniors; and USCIS sunsets DALE.
July 17
EEOC resumes processing transgender workers' complaints; Senate questions Trump's NLRB General Counsel nominee; South Korean unions strike for reforms.
July 16
The U.S. Department of Health and Human Services lays off thousands of employees; attorneys for the Trump Administration argue against revealing plans to reduce the workforce of federal agencies; and the Fourth Circuit grants an emergency stay on the termination of TPS for thousands of Afghans.
July 15
The Department of Labor announces new guidance around Occupational Safety and Health Administration penalty and debt collection procedures; a Cornell University graduate student challenges graduate student employee-status under the National Labor Relations Act; the Supreme Court clears the way for the Trump administration to move forward with a significant staff reduction at the Department of Education.
July 14
More circuits weigh in on two-step certification; Uber challengers Seattle deactivation ordinance.
July 13
APWU and USPS ratify a new contract, ICE barred from racial profiling in Los Angeles, and the fight continues over the dismantling of NIOSH