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What I've Been Reading This Week: Labor Law Edition


While I did not intend to only read through NLRB and union related matters this week, those topics seemed to catch my attention for one reason or another.  With the upcoming Iowa caucus on Monday, there is increased attention over what unions are doing (in terms of formally backing candidates, specifically Democrats.)  Given that the caucus is only a few days away, I think it is appropriate to lead things off with an article addressing that matter.

As always, below are a couple articles that caught my eye this week.


Ahead of Primary Season, Mayor Pete Buttigieg Struggles to Draw Union Endorsements

Matt Pearce at The Los Angeles Times wrote an article late last week in which he noted a stark contrast among several Democratic candidates for the nomination for President.  While South Bend Mayor Pete Buttigieg has introduced a policy platform that is decidedly labor friendly, so far he has not been able to obtain a union endorsement.  (This is in contrast to other candidates, notably Vermont Senator Bernie Sanders, who has garnered eleven labor endorsements; former Vice President Joe Biden who has seen five unions come out and endorse him; and Massachusetts Senator Elizabeth Warren who has received three endorsements.)  With the Iowa caucus taking place on Monday (and the New Hampshire primary occurring a week later), might Mayor Buttigieg's inability to thus far draw the endorsements of organized labor (a traditionally strong Democratic voting bloc), hinder his chances in these early contests?



Earlier this month, the National Labor Relations Board ("NLRB") released eight new advice memoranda on a wide range of labor related matters, including when an employer violates the National Labor Relations Act ("NLRA") by refusing to hire union members; when an employer can deduct union dues without specific, express authorization; and a prohibition on arbitration agreements that prohibit the filing of charges with the NLRB; among other matters.  While these memoranda are non-binding and non-precedential, they provide employers and employees alike with a window into how the NLRB may rule on the labor related matter in the future.  This article from The National Law Review does a good job summarizing each of those eight memoranda.



On Tuesday, a 2 - 1 decision was handed down by the U.S. District Court of Appeals for the District of Columbia, in which the Court found that because Duquesne University (in beautiful Pittsburgh) was a Roman Catholic institution, there were strict limits on whether a unionization of adjuncts was allowed.  Relying upon a 1979 U.S. Supreme Court case, NLRB v. Catholic Bishop of Chicago, the Court of Appeals held that the National Labor Relations Act did not apply to Duquesne and therefore the adjuncts that sought to unionize (starting back in 2012), were prevented from doing so.  Because Duquesne was held to be a religious institution, the U.S. Supreme Court case did not authorize the NLRB to exercise jurisdiction over teachers (including these adjuncts) in a church operated school, regardless of whether Duquesne was a "completely religious" school or merely "religiously associated."

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