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.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
July 17
Canadian wildfires endanger rail workers; 26 Meta employees allege targeted layoffs for those on paid leave; FIFPRO pushes for more rigorous heat protections for players.
July 16
Trump's NLRB nominee set for Senate vote, federal district court grants partial win on WARN Act claims, Brigham and Women's nurses return to work.
July 15
U.S. labor productivity climbs at its fastest pace in decades; a federal judge grants a preliminary injunction to anti-abortion groups challenging Michigan’s civil rights law; and Jackson, Mississippi’s bus workers walk off the job.
July 14
DOJ opens investigation of UAW president; LIUNA protests Pfizer building collapse; national park workers unionize
July 13
New York Times files retaliation suit against the EEOC; US government pushes back TPS designation termination for Haiti; federal judge grants preliminary injunction to federal workers seeking reasonable telework accommodations.
July 12
Postal workers demand investigation into Atlanta distribution center conditions following deaths; University of Chicago Press Workers vote to unionize.