Fran Swanson is a student at Harvard Law School.
The National Labor Relations Board has ruled that employers cannot request that an employee-filed petition for union decertification be reinstated, Bloomberg Law reports. The precise issue in the case, Geodis Logistics, was whether the National Labor Relations Act “precludes an employer from restarting the decertification process by requesting and securing reinstatement of its employees’ decertification petition after the employer settles and resolves unfair labor practice charges on which a Regional Director relied in dismissing the petition.” The Board held that allowing an employer to do so would be inconsistent with 9(c)’s structure, which creates “separate and distinct procedures” for employees and employers to ”petition for an election to test whether an incumbent union remains the unit employees’ bargaining representative.” To hold otherwise, the Board explained, would have allowed employers to unlawfully assist employees in petitioning for a decertification election, settle unfair labor practice charges related to that assistance, and then request that the petition be reinstated.
A strike authorization vote for hundreds of pilots at Alaska Air Group closes today, Reuters reports. Even if the authorization vote succeeds, pilots would still need the National Mediation Board to determine that the parties are at an impasse and that further bargaining wouldn’t be productive before a strike could be called. Negotiations on the new contract began in 2019, with pilots calling for better job security, flexible schedules, and higher wages with better benefits. Similar fights are occurring across the airline industry, with pilots pointing to low pay and grueling schedules, exacerbated by layoffs of thousands of pilots in 2020.
Workers returning to their old jobs in industries hard-hit by the pandemic after engaging in sex work face discrimination and harassment, Bloomberg Law reports. Attorneys representing workers in these claims report that some of their clients were told by their former employers that they could not return to their jobs because they had engaged in sex work. In another instance, a T-Mobile employee reported physical harassment to HR, only to be questioned by HR about her OnlyFans account. (Gwendolyn has written for the blog about other challenges that OnlyFans content creators face.) There is little caselaw in this area because claims are often settled, and the EEOC has not provided clear guidance on the application of Title VII to these claims. In the Title IX context, a federal court in Oregon partially denied a nursing school’s motion for summary judgment after a student who engaged in sex work was disciplined and told by faculty that it takes “classy women” to be nurses, which a jury could find was impermissible sex-stereotyping.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
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 […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.