Annie Hollister is an Honors Attorney at the U.S. Department of Labor and an alumna of Harvard Law School.
The Chicago Teachers Union has voted to authorize a strike, which will likely be scheduled for mid-October. The union’s latest contract expired in June. In three months of contract negotiations, the union and the city have failed to reach an agreement on pay, benefits, staffing, and class sizes. Unions representing school security guards and custodians and Chicago Park District employees have also voted to authorize a strike over ongoing contract negotiations, and a coordinated walkout by the three unions could leave Chicago parents with no public child care. Union president Jesse Sharkey has indicated that bargaining has been productive and solution-oriented in the days following the strike authorization vote, and Chicago mayor Lori Lightfoot expressed confidence that a deal will be reached. If not, the union is expected to set a strike date by Wednesday, October 2.
The National Association of Immigration Judges has accused the justice department of engaging in unfair labor practices. The complaints arise out of two incidents that took place in August: First, the Department of Justice moved to decertify the immigration judges’ union, allegedly over disagreements about immigration policy. Second, sometime in late August all immigration court employees received an email from the Justice Department linking to a white nationalist website that discussed immigration judges using anti-Semitic language. In Friday’s complaints filed with the FLRA, the union also asked for clarity about which members of the bargaining unit are considered “inferior officers,” and therefore subject to appointment (and possibly removal) by the Attorney General. Union president Judge Ashley Tabbador said that the Justice Department’s actions have deprived immigration judges of their independence and placed judges in a “constant state of duress.” The Justice Department has not commented on the matter.
An Administrative Law Judge has ruled that a tweet by Tesla chief Elon Musk violated the National Labor Relations Act. In 2018, while the United Auto Workers were seeking to organize Tesla’s California assembly plant, Musk tweeted that Tesla workers were welcome to join a union, “But why pay union dues & give up stock options for nothing?” On Friday, a labor ALJ found that this tweet constituted a threat of retaliation against employees who attempted to unionize. This is not the first time a tweet has placed Musk at odds with a federal agency; in 2018, the SEC filed charges against Musk for tweeting a plan to take Tesla private.
Members of the New Museum Union have voted to authorize a strike after a year of bargaining over their first contract. The New York City-based union, which is affiliated with the United Auto Workers, is seeking a minimum annual wage of $51,000 for museum employees, but has not been able to reach an agreement with management. The museum is currently engaged in an $89 million capital campaign.
For Truthout, Jeff Schuhrke writes that graduate student workers will “fight like hell” to stop the NLRB from changing its rule classifying graduate students as employees. Schuhrke calls the argument that grad students are not workers “absurd,” and points out that research and teaching assistant unions have successfully operated within public institutions for decades.
Daily News & Commentary
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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 […]