Fred Wang is a student at Harvard Law School.
Is the U.S. labor movement in a moment of resurgence? Last Friday, NPR published this big-picture snapshot and forecast of the American labor movement. In recent months, union success has dominated national headlines: breakthrough victories at Starbucks, hard-fought contracts at John Deere and Kellogg’s, and decades-high national approval. But the future of the U.S. labor movement remains bleak. Decades of union decline have cratered union membership. And despite recent big-name labor victories, unionization rates have largely remained stagnant. As one expert told NPR, “[y]ou can’t really organize yourself out of that kind of hole on a workplace-by-workplace basis.” The NPR article comes days after — as Jason covered — the New York Times released a piece similarly contrasting the rising prominence of union-organization efforts with the steady decline of union membership in the United States.
Last Thursday, Uber Canada and United Food and Commercial Workers Canada — Canada’s largest private-sector union in the food, retail, and service industries — reached a “historic national agreement” over representation for Uber drivers and delivery workers. Under the agreement, Uber will recognize UFCW’s right to represent company drivers in account-related disputes. In exchange, UFCW has agreed to help Uber lobby for the company’s preferred model of labor regulation — a move that has troubled many proworker commentators. This morning, on OnLabor, Professor David Doorey expressed skepticism that the agreement would ultimately benefit Uber drivers, and charted the various legal issues that the agreement poses.
The gig economy is turning to the health care industry. For years, the national demand for nurses has outpaced supply. This disconnect became all the more pressing at the height of the COVID pandemic. As Axios and Jacobin covered last week, investors are funneling money into — and health care employers are turning to — gig-employment models as a solution. The idea is that a gig economy–model will help connect available health care workers with hospitals looking to fill shifts. But, of course, Uber for nurses raises the same labor concerns that pervade classical gig work: that the gig model makes gig work much more precarious, workplace organizing much more difficult, and the workers themselves much worse off.
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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 […]