Tala Doumani is a student at Harvard Law School.
Last week, Education and Labor Committee Chairman Robert C. Scott (VA-03) and Committee Democrats filed an amicus brief petitioning the National Labor Relations Board (NLRB) to combat anti-union employers from rigging union representation elections. The brief urges the NLRB to reinstate a policy under Specialty Healthcare, which heightened the burden placed on employers attempting to demonstrate that other excluded employees belong in a petitioned-for bargaining unit.
The NLRB had overturned its decision in Specialty Healthcare on Dec. 5, 2017, in PCC Structurals, Inc. following the election of Donald Trump and a general shift away from Obama-era policies. Committee Democrats state that the current standard provides employers with too much power to effectively gerrymander union elections by adding employees to the voting pool to dilute support for certain union representatives. The Specialty Healthcare standard, on the other hand, provides appropriate deference to workers’ preferences in resolving questions concerning the structure of a bargaining unit, rather than to those of the employer. This, the Committee Democrats argue, is central to worker freedom of association and the right to bargain collectively.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
February 3
In today’s news and commentary, Bloomberg reports on a drop in unionization, Starbucks challenges an NLRB ruling, and a federal judge blocks DHS termination of protections for Haitian migrants. Volatile economic conditions and a shifting political climate drove new union membership sharply lower in 2025, according to a Bloomberg Law report analyzing trends in labor […]
February 2
Amazon announces layoffs; Trump picks BLS commissioner; DOL authorizes supplemental H-2B visas.
February 1
The moratorium blocking the Trump Administration from implementing Reductions in Force (RIFs) against federal workers expires, and workers throughout the country protest to defund ICE.
January 30
Multiple unions endorse a national general strike, and tech companies spend millions on ad campaigns for data centers.
January 29
Texas pauses H-1B hiring; NLRB General Counsel announces new procedures and priorities; Fourth Circuit rejects a teacher's challenge to pronoun policies.
January 28
Over 15,000 New York City nurses continue to strike with support from Mayor Mamdani; a judge grants a preliminary injunction that prevents DHS from ending family reunification parole programs for thousands of family members of U.S. citizens and green-card holders; and decisions in SDNY address whether employees may receive accommodations for telework due to potential exposure to COVID-19 when essential functions cannot be completed at home.