
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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June 1
In today’s news and commentary, the Ninth Circuit upholds a preliminary injunction against the Trump Administration, a federal judge vacates parts of the EEOC’s pregnancy accommodation rules, and video game workers reach a tentative agreement with Microsoft. In a 2-1 decision issued on Friday, the Ninth Circuit upheld a preliminary injunction against the Trump Administration […]
May 30
Trump's tariffs temporarily reinstated after brief nationwide injunction; Louisiana Bill targets payroll deduction of union dues; Colorado Supreme Court to consider a self-defense exception to at-will employment
May 29
AFGE argues termination of collective bargaining agreement violates the union’s First Amendment rights; agricultural workers challenge card check laws; and the California Court of Appeal reaffirms San Francisco city workers’ right to strike.
May 28
A proposal to make the NLRB purely adjudicatory; a work stoppage among court-appointed lawyers in Massachusetts; portable benefits laws gain ground
May 27
a judge extends a pause on the Trump Administration’s mass-layoffs, the Fifth Circuit refuses to enforce an NLRB order, and the Texas Supreme court extends workplace discrimination suits to co-workers.
May 26
Federal court blocks mass firings at Department of Education; EPA deploys new AI tool; Chiquita fires thousands of workers.