Deanna Krokos is a student at Harvard Law School
This week, Politico reported on tensions between the Trump administration and the once-supportive building trades unions, after revelations about a Labor Department proposal to push forward an industry-led “apprenticeship program” have proven controversial. The North American Building Trades Unions (NABTU) is an umbrella organization within the AFL-CIO that represents millions of construction workers across the U.S. and sets prevailing wages for important infrastructure projects. NABTU has been in talks with the White House since early in Trump’s term over potential large-scale investments in infrastructure plans. However, some of that good will has broken down as inertia behind the infrastructure bill has stagnated and the Department of Labor seems to have changed the terms of the developing apprenticeship program.
Apprenticeship programs are widely regarded as an opportunity for younger workers to join the labor force without amassing the debt load associated with higher education. However, the administration’s proposal has undergone recent developments that worry labor leaders. The new program would break tradition as regulations and oversight are rolled back and industry fills the advisory role usually held by the Department of Labor or regulated labor unions. BloombergLaw reports that one source of controversy has been the reversal of an earlier promise to NABTU that the broader deregulation would not affect construction training programs
Politico reports that the proposal has received over 160,000 comments, mostly in opposition, claiming it would undercut existing, union-sponsored training programs. There is concern that non-NABTU trained workers would undercut the prevailing wages that union construction workers rely on. The report notes that many comments explicitly rebuke program’s potential to undercut the effectiveness, pay, and safety standards of existing training programs.
These tensions can have significant electoral ramifications. The building trades have a strong presence in key Midwest states that the president carried in the 2016 election. The union has proven an ability to mobilize voters and educate membership about threats to their strength and interests, making this issue “a significant force in the 2020 election.” The building trades have become more diverse over the years, as incoming Skadden Fellow Hugh Baran writes that both race-conscious affirmative-action programs and facially race-neutral “local hiring” initiatives have led to increased opportunities for minority workers to gain access to good-paying union construction jobs. While the majority of white male union members voted for the president in 2016, these developments raise questions as the administration shows hostility toward members. NABTU President Sean McGarvey has announced the possibility that NABTU may refuse to endorse any candidate in the next presidential election.
The president has received further criticism from the labor movement after a speech to workers at Pennsylvania’s largest construction site sparked controversy. Following the event at a future Shell petrochemical plant, The Pittsburgh Post-Gazette reported that the union workers could only choose to either attend in support or use their earned “paid time off” hours and sacrifice overtime pay. One anonymous source estimated the penalty to reach around $700. The Gazette gained access to a circulated memo explaining the event to workers which further instructed against protesting or “anything viewed as resistance.” Although not a campaign event, the president urged the workers who chose against sacrificing pay to convince union leadership to support his re-election bid. While troubling to some, this maneuver remains legal under federal labor laws.
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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]