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
Start your day with our roundup of the latest labor developments. See all
August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.
August 11
Rideshare drivers nearing union certification in California; UFCW campaigns against electronic shelf labels; Teamsters support NYC delivery driver bill.
August 10
Employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation; DHS submits a proposed rule eliminating 60-day grace period for H-1B workers; Eighth Circuit dismisses constitutional challenge to the FMSHRC.
August 7
Starbucks beats claims it denied shifts to union workers; Center for State Labor Innovation aims to address labor law shortcomings.
August 6
Taylor Farms faces scrutiny over labor practices; Bipartisan labor bill gains momentum.
August 5
Clash over potential change to Canada’s labor code; Harvard’s Center for Labor and a Just Economy releases model sectoral bargaining laws; NJ sues Amazon for antitrust violations.