Labor Related Articles
United Autoworkers Union (UAW) lost a unionization vote in an Ohio-based Fuyao Glass Group Industries plant this past week after attempting underhanded maneuvers to win by discriminating against employees. In their request for an election, UAW petitioned to exclude nonimmigrant visa employees from casting ballots. The majority of these employees are Chinese, and less likely to vote for unionization.
UAW did not succeed in their attempt, but they did succeed in excluding temporary nonimmigrant employees from voting, despite the fact these employees are not hired with a definite end date for employment and may be employed at the factory long-term. Although nonimmigrant visa employees only comprise about 80 people in the plant, votes have been won or lost by fewer numbers.
Read more about UAW’s discrimination here.
Senate labor committee Chairman Lamar Alexander has announced that Peter Robb has been confirmed as the National Labor Relation Board’s General Counsel. Chairman Alexander also released the following statement:
“As General Counsel of the National Labor Relations Board, Peter Robb will have an opportunity to help restore the labor board to the role of a neutral umpire in labor disputes after years of the board acting more like an advocate for organized labor under the previous administration. Mr. Robb will have the important role of protecting workers’ rights and assisting employers if some of their employees want to form a union. I’m hopeful that he will help bring stability to our nation’s workplaces.”
The Senate labor committee held Mr. Robb’s hearing on October 4 (link here). Read more about Mr. Robb here, and the full press release on Mr. Robb’s confirmation here.
U.S. workers have been waiting anxiously for the Supreme Court to rule on Janus v. AFSCME, a case that is expected to change labor law nationally by eliminating union-forced dues. Mark Janus and two other Illinois workers serve as plaintiffs in this case. They argue mandatory dues violate their First Amendment rights, and seek to reverse a decades-old ruling that permitted unions to collect dues from nonmembers.
The current case mirrors an almost identical case heard by the Supreme Court in 2016 (Friedrichs vs California Teachers Association). Justice Scalia’s death resulted in a split decision on that case, though Justice Gorsuch is expected to tip the scales in Janus’s favor.
InsideSources has compiled a comprehensive discussion list regarding Janus v. AFSCME. Entitled “12 Things You Should Know About Janus v. AFSCME,” the article touches on Gorsuch and Friedrichs, as well as other important details surrounding the Janus case. Read the complete list here.
Kumho Tire employees in Macon, Georgia have rejected the United Steelworkers union’s bid to represent them this month in a 164-136 vote.
Maria Somma, director of organizing with the union, has stated that the union intends to file objections with the National Labor Relations Board (NLRB), citing unfair labor practices by Kumho Tire management. The NLRB oversaw the paper ballot voting process.
A Kumho Tire’s representative has denied the union’s accusations, stating they hired an outside group to ensure employees received information on collective bargaining and the legal ramifications of being represented by a union, but they have done nothing illegal.
Read more about the vote and union filing here.
The Supreme Court has agreed to consider a case to strike down mandatory fees collected by unions for support of collective bargaining. The court will hear the case of Mark Janus, an Illinois state employee who objects to paying fees for his union. A ruling against the unions would impact 22 states. The remaining 28 states have right-to-work laws in place, preventing unions from making these collections.
The Supreme Court deadlocked on a similar case two years ago, with a 4-4 vote after Judge Scalia’s death, but Judge Gorsuch is expected to side with Janus. The 4 opposing judges felt states should be allowed to determine their own laws regarding unions.
A decision is expected in June. If the court votes against the unions, labor experts predict a significant number of employees will stop supporting their union.
Read more about the case, and other related cases, here.
Senator Lamar Alexander released the following statement after casting his vote to confirm Bill Emanuel to the National Labor Relations Board (NLRB):
“Filling this final vacant seat on the National Labor Relations Board will help restore the board to its intended purpose of acting as a neutral umpire after years of playing the role of advocate. Bill Emanuel will help bring balance to the board and stability to our nation’s workplaces.”
With a 3-2 majority, Republicans will hold their first NLRB majority since 2007. Mr. Emanuel is an attorney who has previously represented clients before the NLRB.
Read more about Mr. Emanuel’s confirmation here.
Articles by the RWP Team
