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
July 29
NYC public defender strikes spread to the Bronx; NLRB drops challenge to New York labor law after Amazon wins its case; new data shows appointments of women and minorities to S&P 500 boards at lowest level in a decade.
July 28
DOJ drops charges against SEIU California president; Massachusetts nurses file ULP against hospital; Democratic lawmakers look to remove damage caps in employment discrimination cases
July 27
NY Port Authority proceeds to trial on PUMP Act case; First Circuit denies stay in order vacating H-1B visa fee; DC Circuit panel denies First Amendment claim over disclosure of confidential emails in allegation of prison's COVID-19 mismanagement.
July 24
EEOC drops request for UPenn's Jewish staff; Starbucks defeats mail-in ballots; and Mamdani appoints Lina Khan.
July 23
Ninth Circuit affirms ban of transphobic books in school; leading demographer warns of impending labor shortage.
July 22
EDNY strikes down state labor board law; D.C. Circuit applies Loper Bright to NLRB; Joint employer bill reaches the House floor.