2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers. The Biden National Labor Relations Board (NLRB) dug in and got to work, reversing.
Friday, July 16, 2021
The U.S. Supreme Court held California’s union access regulation constitutes an unconstitutional taking of an employer’s property.
Cedar Point Nursery v. Hassid, 141 S.Ct. 891 (June 23, 2021). The California Agricultural Labor Relations Board (ALRB) maintained a regulation allowing unions to file notices with the ALRB to gain access to agricultural employers’ property for up to three hours per day, 120 days per year. Members of the United Farm Workers Union sought access to property owned by Cedar Point Nursery and Fowler Packing Company pursuant to the regulation. Cedar Point Nursery filed a charge against the union for not giving proper notice, and Fowler Packing Company blocked the union from entering altogether. To prevent future access attempts, the growers sued several ALRB members in their official capacity. The growers argued that the access regulation effected an unconstitutional
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President Joe Biden was sworn into office on January 20, 2021. In just the first 100 days, the Biden Administration has begun its return to more labor-friendly policies, rules, and decisions, similar to those issued under the Obama Administration.
For example, on Day 1, immediately upon taking office, President Biden demanded that Trump-appointed National Labor Relations Board General Counsel Peter Robb resign from his post, and then summarily terminated him when Robb refused. The next day, Biden removed Robb’s replacement, the Deputy General Counsel, who had been named by the NLRB as Acting General Counsel. Biden also replaced Republican Board Member John Ring with Democrat Member Lauren McFerren as Chairperson of the NLRB.
Monday, May 24, 2021
President Joe Biden was sworn into office on January 20, 2021. In just the first 100 days, the Biden Administration has begun its return to more labor-friendly policies, rules, and decisions, similar to those issued under the Obama Administration.
For example, on Day 1, immediately upon taking office, President Biden demanded that Trump-appointed National Labor Relations Board General Counsel Peter Robb resign from his post, and then summarily terminated him when Robb refused. The next day, Biden removed Robb’s replacement, the Deputy General Counsel, who had been named by the NLRB as Acting General Counsel. Biden also replaced Republican Board Member John Ring with Democrat Member Lauren McFerren as Chairperson of the NLRB.