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Feldman on Vergara: The Weak Constitutional Case Against Teacher Tenure

Jun 12, 2014 Benjamin Sachs

Noah Feldman has a good, quick analysis of the Vergara decision up on BloombergView. Noah is right that the trial court’s reasoning, in striking down California’s teacher tenure rules, is “thin to the point of being emaciated.” Feldman also raises some interesting questions about why Education Secretary Arne Duncan embraced the decision. Worth a read.

February 26, 2016
News & Commentary

Y. Gloria Park

Delays in the Labor Department’s processing of H-2B applications are “reigniting a clash over the program’s merits and whether it harms domestic workers,” reported the Wall Street Journal. Some in the business community are accusing the Labor Department of intentionally “slow-walking the process to appease unions and other critics” of the H-2B visa program, which […]

October 1, 2015
News & Commentary

Juhyung Harold Lee

In a case that touches upon some of the same issues at stake in Friedrichs v. CTA, U.S. District Judge Stephen Wilson recently dismissed a First Amendment challenge to California’s public employment scheme brought by California teachers union members. The plaintiffs in the suit — Bain v. CTA — contended that they were “‘effectively compelled’ […]

August 9, 2015
News & Commentary

Juhyung Harold Lee

The latest procedural hurdle for plaintiffs in O’Connor v. Uber might be the toughest one to clear yet. On Thursday, U.S. District Judge Edward Chen heard arguments on whether (and when) he should certify a class in the case (previously discussed by OnLabor here and here). Wired examines the question of class certification in further […]

November 5, 2014
News & Commentary

Rebecca Chang

The G.O.P. has taken control of both the Senate and the House for the first time in eight years. Politico profiles a number of ways this flip may impact labor law, including regulation of union election procedures, minimum wage for federal contractors and home health care workers, pensions, and worker safety. Additionally, it is expected […]

September 5, 2014
News & Commentary

Scott Hochberg

CBS is calling yesterday’s fast food workers’ strikes in 150 U.S. cities a “new union tactic” of demonstrating that unions fight for all workers, not just their members. The Wall Street Journal reports that several hundred protestors were arrested in the actions. The Wall Street Journal reports on the multiple legal and political challenges to teacher […]

August 21, 2014
News & Commentary

Rachel Homer

Buzzfeed reports that many former top officials from President Obama’s campaign team have now taken jobs opposing unions. 2008 Campaign manager David Plouffe just joined Uber, the taxi service that has ongoing disputes with unionized cab drivers and regulators. Robert Gibbs and Ben LaBolt, Obama communications strategists, started a public relations firm representing a group that […]

July 14, 2014
News & Commentary

Greg Baltz

The New York Times reports that Volkswagen announced today that it will be manufacturing a new SUV at the Chattanooga, TN plant where the United Auto Workers will be sponsoring a “members-only” union. Professors Sachs and Goldsmith have discussed last week’s UAW announcement of this innovative model here, here, and here. The “members only” union local […]

Guest Post: In Defense of "Last-In, First-Out"

Jul 7, 2014 Andrew Strom

Andrew Strom is Associate General Counsel of SEIU Local 32BJ. The trial court decision in Vergara v. State of California drew headlines recently because the judge struck down several provisions of California’s laws governing tenure for public school teachers. One of the provisions at issue was the “last-in, first-out rule,” which provides that the last hired […]

June 15, 2014
News & Commentary

Greg Baltz

The New York Times, Guardian, and Wall Street Journal report that President Obama stepped in to halt a Philadelphia-area rail strike yesterday. The strike came after nearly 4 years of unsuccessful contract negotiations with SEPTA, the Southeast Pennsylvania Transport Authority. Nearly 99 percent of the Brotherhood of Locomotive Engineers and Trainmen and the International Brotherhood […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Feldman on Vergara: The Weak Constitutional Case Against Teacher Tenure

February 26, 2016

October 1, 2015

August 9, 2015

November 5, 2014

September 5, 2014

August 21, 2014

July 14, 2014

Guest Post: In Defense of "Last-In, First-Out"

June 15, 2014