Upcoming Supreme Court case may threaten NLRB, workers’ rights

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America's Work Force Union Podcast AWF

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Andrew Strom

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Labor Lawyer, Andrew Strom, joined America’s Work Force Union Podcast to talk about the upcoming Starbucks Corp. v. McKinney case before the U.S. Supreme Court that could impact the strength of the National Labor Relations Board.

In the upcoming weeks, the Supreme Court will hear oral arguments in the Starbucks Corporation v. M. Kathleen McKinney case. Starbucks, joined by several corporate interest groups, is trying to make it harder for the NLRB to obtain preliminary injunctions against employers. Strom talked about the case's potential fallout and the argument's strength. He said depending on which decision is made by the Supreme Court would significantly impact the NLRB's strength, either weakening or strengthening it.

Strom said many worker issues that go to America’s judicial system can usually be predicted before the hearings start. He talked about the general process for cases to be heard by the NLRB and why they often get drawn out. Employers have been able to extend the process for around five years. Strom said many employers get away with their infringements by delaying the process for so long.

The only way to prevent these extensions from happening is to have the NLRB file a preliminary injunction against the employer. Unfortunately, these injunctions have been used infrequently, Strom said. Of the 8,000 cases deemed to have merit to be heard by the NLRB in 2023, a preliminary injunction was used in only 14 cases. Strom noted that the Board has always been cautious when seeking injunctions and tends only to use that process in more egregious cases.

Hear more about the upcoming hearings by listening to the show above.

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.

Upcoming Supreme Court case may threaten NLRB, workers’ rights

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