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Season 5, Episode 139

Three recent U.S. Supreme Court decisions pose problems for union

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Joyce Goldstein

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Joyce Goldstein & Associates 

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Joyce Goldstein, labor and employee benefits lawyer with Joyce Goldstein & Associates, joined the America’s Work Force Union Podcast to discuss three recent U.S. Supreme Court decisions that could greatly impact unions and their ability to provide workplace protections for their members.

Since the last time we spoke with Goldstein, several U.S. Supreme Court decisions were released that could impact organized labor's future. Before diving into the decision in the Loper Bright Enterprises v. Raimondo case, she gave some background on the recent actions from the nation’s highest court. Goldstein explained how this decision has affected the Chevron Deference and what it means for workers’ rights. With the Loper Bright decision, she explained how the interpretation of a law will not come from federally appointed experts, but will instead be determined by the courts.

The ruling from the Loper Bright case is not retroactive, so it can’t change any previous rules. However, the decision in Corner Post v. Board of Governors of the Federal Reserve System could make that a possibility. Goldstein explained the decision in the Corner Post case and how it is changing the statute of limitations for judicial review of federal rulemaking. She explained what the two decisions could do to the future of labor law in America and why unions should be aware of them.

Finally, Goldstein talked about the Starbucks Corp. v. McKinney decision, which impacted the National Labor Relations Board's ability to file an injunction during Unfair Labor Practice proceedings. The decision is another case of the Supreme Court taking away a federal agency’s ability to interpret laws. Goldstein said the decision also adds to the recent push to limit workers' rights and protections.

Listen to the show above to hear more from Goldstein.


America’s Work Force is the only daily labor podcast in the US and has been on the air since 1993, supplying listeners with useful, relevant input into their daily lives through fact-finding features, in-depth interviews, informative news segments and practical consumer reports. America’s Work Force is committed to providing an accessible venue in which America's workers and their families can hear discussion on important, relevant topics such as employment, healthcare, legislative action, labor-management relations, corporate practices, finances, local and national politics, consumer reports and labor issues.

America’s Work Force Union Podcast is brought to you in part by our sponsors: AFL-CIO, American Federation of Government Employees, American Federation of Musicians Local 4, Alliance for American Manufacturing, Anthem Blue Cross Blue Shield, Brotherhood of Maintenance of Way Employes-IBT, Boyd Watterson, Columbus/Central Ohio Building and Construction Trades Council, Communication Workers of America, Mechanical Insulators Labor Management Cooperative Trust, International Association of Heat and Frost Insulators and Allied Workers Local 50, International Federation of Professional and Technical Engineers, International Union of Bricklayers and Allied Crafts, International Union of Painters and Allied Trades District Council 6, Ironworkers Great Lakes District Council, Melwood, The Labor Citizen newspaper, Laborers International Union of North America, The National Labor Office of Blue Cross and Blue Shield, North Coast Area Labor Federation, Ohio Federation of Teachers, United Labor Agency, United Steelworkers.

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