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.
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October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.
October 9
DHS proposes a $100k fee for the foreign grad employment program; Trump suspends tech company access to green card program; and private equity perpetuates poor working conditions for home care workers.
October 8
NLRB judge finds UPS unlawfully restricted union insignia; Harvard graduate workers authorize second strike; OSHA orders Union Pacific to pay $300,000 in damages in whistleblower case.
October 7
DOL scraps plan to remove decades-old wage-and-hour guidance from federal regulations; New York enacts personnel records access law; Starbucks loses bid to dismiss Workers United trademark suit.
October 6
Protect College Sports Act dampens athlete unionization outlook; Stanford RA union decides to withdraw petition
October 5
Delaware bans captive audience meetings; EEOC settles remote work national origin discrimination claim; First Circuit stays enforcement order in VA's dispute with AFGE.