Swap Agrawal is a student at Harvard Law School.
In this weekend’s news and commentary, the United Steelworkers union filed charges with the NLRB against Chevron; the Third Circuit ruled that tweets by the publisher of the Federalist were not unlawful threats to workers; and President Biden urged Hyundai to partner with American union workers.
On May 20, the United Steelworkers union (USW) filed charges with the NLRB against Chevron stemming from a strike at the company’s Richmond, California refinery. According to Reuters, the USW alleges that Chevron has changed terms of employment, refused to furnish information, engaged in coercive actions including surveillance, made coercive statements, and refused to bargain with workers at the refinery. B.K. White, first vice president of USW Local 12-5, said no progress has been made in resuming talks with Chevron since the two sides last met across the bargaining table five weeks ago. The dispute has been ongoing since 500 workers at the refinery went on strike on March 21. About 60 of those workers have resumed working, and Chevron continues to operate the refinery with supervisors, managers, and temporary replacement workers. Iman’s previous reporting on this strike can be found here.
On May 20, the Third Circuit held that the NLRB was wrong to rule that the publisher of the Federalist, a conservative online magazine, unlawfully threatened workers by tweeting that he would send them “back to the salt mine” if they tried to unionize. The panel of Republican appointed judges ruled that no reasonable employee would view the employer’s tweet as a plausible threat of reprisal because it was “farcical,” and “[t]hreatening statements are not usually made in bantering terms.” Moreover, the panel argued that “Twitter . . . encourages users to express opinions in exaggerated or sarcastic terms.” The ruling marks a setback in the NLRB’s efforts to crack down on anti-union tweets from high-profile executives, including from Elon Musk and David Portnoy.
On May 21, President Biden encouraged Hyundai’s chief executive Euisun Chung to partner with American union members, arguing that they are “some of the most highly skilled, dedicated and engaged workers in the world.” Hyundai announced on Friday that it is investing $5.5 billion to build an electric vehicle assembly and battery plant that could employ up to 8,100 workers in Savannah, Georgia. However, Georgia is a right-to-work state, and according to the Bureau of Labor Statistics, only 5.8% of the state’s workforce were members of unions in 2021. President Biden and Democrats have advocated for unionized autoworkers to help lead the electric vehicle transition, but it is unclear whether President Biden’s words will have any impact on Hyundai’s employment decisions.
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November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.