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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October 17
Third Circuit denies DOL's en banc rehearing request; Washington AG proposes legislation to protect immigrant workers; UAW files suit challenging government surveillance of non-citizen speech
October 16
NLRB seeks injunction of California’s law; Judge grants temporary restraining order stopping shutdown-related RIFs; and Governor Newsom vetoes an ILWU supported bill.
October 15
An interview with former NLRB chairman; Supreme Court denies cert in Southern California hotel case
October 14
Census Bureau layoffs, Amazon holiday hiring, and the final settlement in a meat producer wage-fixing lawsuit.
October 13
Texas hotel workers ratify a contract; Pope Leo visits labor leaders; Kaiser lays off over two hundred workers.
October 12
The Trump Administration fires thousands of federal workers; AFGE files a supplemental motion to pause the Administration’s mass firings; Democratic legislators harden their resolve during the government shutdown.