Posts Tagged ‘workers’ rights’

NLRB gutted by Supreme Court

Thursday, June 26th, 2014

We wrote in Jan. 2013 about the Republican attempts to block Pres. Obama’s appointments to the National Labor Relations Board (NLRB). Sen. Mitch McConnell kept convening and recessing the Senate during the break at the end of 2011. Using this pro forma technique, the Senate was technically never recessed for more than three days at at time. During one of those 3-day recesses, Obama appointed two of his desired NLRB Commissioners.

Following their appointments, the NLRB made several pro-worker decisions, reversing years of anti-worker decisions by Republican-led Boards. If two of the three NLRB members were to be invalidated, the decisions could also be considered invalid.

A federal court vacated Obama’s recess appointments, deeming them unconstitutional. In the NLRB v. Noel Canning Supreme Court June 26, 2014 decision, the high court supported the lower court’s decision. SCOTUS concluded “Three days is too short a time to bring a recess within the scope of the [Recess Appointment] Clause [of Article 2 of the U.S. Constitution], so the President lacked the authority to make those appointments.” Obama’s appointments to the NLRB are unconstitutional, so sayeth a unanimous (9-0) Supreme Court. The typical liberal justice Breyer wrote the opinion with Scalia writing his own concurring opinion criticizing the majority for being too narrowly focused.

The Court did think it important that a recess be more than 3 days. A review of past recess appointments by Presidents showed that 10 days was the shortest period on record. So, there must be a magic time between 3 and 10 days to make it right. With regards to the Court reviewing actual work done during pro forma sessions (none) and challenging their legitimacy, the Court said it would not “engage in an in-depth factual appraisal of what the Senate actually did during its pro forma sessions in order to determine whether it was in recess or in session for purposes of the Recess Appointments Clause.”

Read the Supreme Court decision.


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Posted in Commentary by G. Namie, The New America | No Archived Comments | Post A Comment () »

The American Workplace: Non-stop surveillance state with no recourse

Monday, August 5th, 2013

An odd coincidence of our times — technology enables spying on ourselves in the name of security and we can’t seem to resist the temptation to use the technology regardless of the damage to our rights. The larger global picture is the fact that the American spy agency, NSA, turns out to have been spying on lots of people in the U.S. and around the world. But the data hoarding-mining-gathering tactics are not just for political spies.

Corporations have been spying on their workers for years.



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Posted in Tutorials About Bullying, WBI Education | No Archived Comments | Post A Comment () »

Abused domestic workers may get champion at Obama’s Dept of Labor

Monday, March 18th, 2013

Just when it looked like President Obama knew no one to add to his cabinet that spoke the language of working folks, he has decided to use the nomination to Department of Labor Secretary to hoist Thomas Perez on his shoulders. Said the President today

“He’s the son of Dominican immigrants. He helped pay his way through college as a garbage collector and working at a warehouse. He went on to become the first lawyer in his family. So his story reminds us of this country’s promise”

According to reports, Perez, currently working in the Civil Rights Division of the federal Justice Department, was the second person of color to ever be elected to the Montgomery County (MD) Council. While on the Council, Perez pushed a “bill of rights” for domestic workers, tried to toughen county laws against predatory lending and supported the expansion of medical clinics to serve the uninsured. He also fought to import cheaper prescription drugs for county employees — a plan blocked by the Food and Drug Administration.



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Posted in Commentary by G. Namie, Good News, Media About Bullying, Print: News, Blogs, Magazines, The New America, Unions | No Archived Comments | Post A Comment () »

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