On Friday, workers at Volkswagen’s Chattanooga factory rejected union representation by the UAW. The L.A. Times describes predictions that the defeat “significantly diminishes the UAW’s chances of forming unions at any of the 10 or so foreign-owned auto factories in the South.” (See some of OnLabor’s background coverage of the VW elections here, here and here.)
The WSJ reports that the UAW is currently weighing possibilities for challenging the outcome, including a complaint to the National Labor Relations Board. The challenge could center on Republican Senator Bob Corker’s statements that he had been “assured” the Chattanooga plant would receive a second production line if workers rejected the union. Volkswagen has repudiated Senator Corker’s claim. Reuters notes that challenges hinging on undue influence of outside groups may constitute “uncharted” legal territory.
The WSJ also reports that Volkswagen labor representatives in Germany will continue to push for a German-style works council at the Chattanooga factory. Most experts believe that the NLRA only allows a works council in a company represented by a trade union, but there is a range of opinion on the subject. For more background, see this OnLabor Explainer. Professor Sachs has discussed the works council issue here and here, arguing current law would not allow a council absent a union.
The Third Circuit recently rejected a challenge to the Department of Labor’s regulations on guest-worker minimum wage. In Louisiana Forestry Association v. Secretary, U.S. Department of Labor, a number of business associations argued that the Labor Department lacked the authority to impose regulations governing the calculation of minimum wage for foreign workers recruited under the H-2B visa program. In a 3-0 decision, the court found the regulations – mandating guest workers be paid enough to maintain prevailing wages in the given sector – were valid under the Immigration and Nationality Act. The Huffington Post reports that similar challenges to the H-2B visa regulations have been upheld in a federal district court in Florida, setting up a potential circuit conflict.
The Providence Journal reports that Rhode Island has reached a deal on pension reform with public sector employees. According to the WSJ, the settlement will reduce the state’s unfunded pension liability from $9 to $5.05 billion, increase the retirement age, increase the frequency of cost-of-living adjustments, and restore a 401(k)-style retirement plan for certain workers.
The New York Times reports that Pete Camarata, a Teamster leader pivotal to union reform efforts, has died at the age of 67.
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December 22
Worker-friendly legislation enacted in New York; UW Professor wins free speech case; Trucking company ordered to pay $23 million to Teamsters.
December 21
Argentine unions march against labor law reform; WNBA players vote to authorize a strike; and the NLRB prepares to clear its backlog.
December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.