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Contributor: The National Labor Relations Act worked for 90 years. Suddenly, it's in the crosshairs

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Contributor: The National Labor Relations Act worked for 90 years. Suddenly, it's in the crosshairs

Joe Biden was the first president to join a union picket line and support labor’s side in a number of major disputes. His appointments to the National Labor Relations Board, the principal administrative agency handling labor-management conflict, interpreted the 90-year old National Labor Relations Act so as to enhance the rights of workers to organize. The Biden board promoted workplace democracy more effectively than any of its predecessors.

As the saying goes, no good deed goes unpunished.

President Trump’s second term presages the most anti-labor labor board appointees ever (his first-term NLRB had that same distinction). And equally or more troublesome, Trump, through his arbitrary dismissal of Biden-appointed board member Gwynne Wilcox has joined a position advanced by management labor lawyers at Starbucks, Trader Joe’s and Elon Musk’s Space X, among others. Together they wish to take a wrecking ball to labor law, asserting that the 90-year-old National Labor Relations Act and the independent agency it established are unconstitutional.

On March 6, in a sweeping opinion both eloquent and scholarly, U.S. District Judge Beryl Howell pushed back against the president’s unlawful firing of Wilcox. Now, as was surely the plan all along, the question of control of the NLRB can and will go to the Supreme Court. If the conservative, Trump-appointed majority agrees with the president — instead of upholding nearly a century of precedent — independent due process for labor and management will be wiped away.

Of course, politics and labor law have always had an uneasy coexistence. By virtue of the National Labor Relations Act’s system of five-year staggered appointments to the NLRB, presidents are able to influence the board’s direction during their four-year terms, but they cannot dominate it or dictate the outcome of a particular case that is before the labor board.

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If, however, board members can be dismissed by a president any time he or she disagrees with their votes on the reinstatement of a dismissed worker, say, or a conclusion that labor or management has not bargained in good faith, the rule of law can easily be denied, along with well-accepted principles of independent conflict resolution.

Such a prospect is an ominous cloud over a labor movement that even during the friendly Biden era lost ground. Today unions represent only 11.1% of employees in the workforce. Does all of this mean that organized labor law is a doomed dinosaur, irrevocably headed toward irrelevance? Not necessarily.

First, as important as legal protections have been to organizing, law has proved to be a subordinate factor in union growth or decline. In the 1930s, union militancy was in place at least four years before the National Labor Relations Act became effective. The 1947 Taft-Hartley amendments to the act placed restrictions on unions and workers, yet unions continued to grow for nearly a decade after its enactment. Labor won considerably more of its workplace elections in the George W. Bush era than under a more pro-labor board during the Obama administration.

As important, according to U.S. Labor Department data, unions hold $42 billion in financial assets. They can use these monies to finance costly and protracted campaigns in many different businesses, hiring dedicated workers who will give their wholehearted attention to the difficult, time-consuming work of organizing. And these positions could be made more attractive by the promise of advancement to union leadership positions, now too often the province of those who process membership grievances rather than working to widen unions’ reach.

The stage has been set for just such organizing, with recent effective uses of the strike weapon. In 2023, the United Auto Workers new rolling strike strategy against the Big 3 auto companies produced substantial wage and benefit increases. In January, the International Longshoremen’s Assn. obtained more than a 60% pay increase over six years, plus an apparent ban on automation, on the basis of a short stoppage last fall at ports on the East and Gulf coasts.

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Further, if Trump is even partially successful in his attempt to rid the country of immigrants, a result will be a shortage of workers, which will slant the labor market toward the sellers. The impact in construction, for instance, a sector that is already short hundreds of thousands of hires, will only improve the prospects for unions.

And lastly, if the Supreme Court uses Wilcox’s case to deem the National Labor Relations Act and an independent NLRB unconstitutional, or contrives to consign them to irrelevance, states such as New York, California, Michigan, Illinois and others can work to occupy the vacuum with more robust labor legislation.

The fight is not over.

William B. Gould IV , a professor of law emeritus at Stanford Law and chairman of the National Labor Relations Board, is the author of “Those Who Travail and Are Heavy Laden: Memoir of a Labor Lawyer.”

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Crews Drape Tarp Over White House in Latest Trump Restoration

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Construction workers unfurled a large printed tarp to cover scaffolding installed at the White House’s front entrance. Doug Burgum, the interior secretary, said President Trump had ordered the repairs after noticing damage to columns.

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WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices

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WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices

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Energy Secretary Chris Wright is telling Americans not to be concerned about the possibility of another surge of sharp increases in gasoline prices as tensions with Iran have started to escalate once again.

Asked whether Americans should worry about higher prices at the pump and how the Trump administration is preparing to keep the economy stable if the conflict continues to worsen, Wright told Fox News Digital: “It has not been any good behavior from Iran that’s allowed oil to flow. It’s been the United States military.”

“That’s not changing,” he assured, speaking from the Great American State Fair on the National Mall this week.

US CLAWS BACK KEY CONCESSION TO IRAN AFTER FRESH ATTACKS ON COMMERCIAL SHIPS IN STRAIT OF HORMUZ

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(Mario Tama/Getty Images) (Mario Tama/Getty Images)

With Iran striking three commercial vessels transiting the Strait of Hormuz on Monday and Tuesday, Wright doubled down in urging citizens to not credit Iran for the U.S. military’s work to ensure oil shipments continue flowing through the strait.

“Look, the U.S. Military has been the key asset here,” he said. “They have assured the flow of oil and gas through the Strait of Hormuz throughout. Not at the beginning of this conflict, but through the last six weeks.”

Wright said the administration is closely monitoring global oil supplies as the tentative ceasefire with Iran seemingly came to come to a halt, with President Donald Trump telling Secretary-General Mark Rutte the call for peace with Iran is “over” at the NATO Summit in Turkey on Wednesday.

But, he pointed to the continued shipping through the Strait as evidence that markets should remain stable.

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TRUMP SAYS IRAN CEASEFIRE IS ‘OVER’ AFTER IRANIAN ATTACKS TRIGGER MASSIVE US RESPONSE

President Donald Trump speaks at the White House on Tuesday, April 22. (AP/Alex Brandon)

“We’re of course constantly watching the supply of oil, the supply of refined products and what’s going on there,” Wright said. “And I think still all positive trends.”

Beyond geopolitical concerns, Wright also praised the new chain of discounted gas stations across Pennsylvania and New Jersey, Freedom Fuel, which promises customers prices below the national average.

The Trump administration, though not involved with the network, has heavily endorsed the new chain and its 25 locations.

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“We love it,” Wright said when asked about Freedom Fuel. “I mean, look, any mechanism we can to lower energy costs for Americans of all kinds, we’re all in on.”

“With Freedom Fuels, they’re just lowering it down to their wholesale price of gasoline,” Wright said. “So they’re not making any money selling gasoline, but they’ve got convenience stores. That’s how most gas stations make money.”

NEWSOM UNDER FIRE AS CALIFORNIA GAS TAX HIKE SENDS PUMP PRICES EVEN HIGHER

Gasoline costs are a known concern for many Americans, and amid surging prices there has been a considerable increase in those opting to purchase electric vehicles to save money long-term at the pump — with Tesla dominating the market for these types of models.

Wright argued one of the benefits to living in America is having the option to choose what type of vehicle you drive.

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“We just want people to buy what they would prefer,” he told Fox News Digital when asked his thoughts on increasing calls for support of the electrification of cars. “Consumer choice — you wanna buy an electric car, you wanna buy a gas powered car, diesel powered car, buy a big truck. That’s the choice.”

“That’s why you live in America. You get the choice of all those.”

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Black mold and $1 wages: Settlement forces immigrant detention centers to protect workers

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Black mold and  wages: Settlement forces immigrant detention centers to protect workers

In 2023, California regulators levied more than $100,000 in fines against the private operator of a federal immigration facility, kicking off a three-year battle over whether detainees who do work at the facilities should be considered employees.

The question went beyond semantics: If considered employees, the detainees would be subject to state worker protection laws.

A legal settlement announced this week now affirms that private immigrant detention facilities are subject to California’s workplace safety and health requirements.

“Every worker deserves a safe and healthy workplace and should be able to report workplace hazards without fear of retaliation,” said Denisse Gómez, spokesperson for the California Division of Occupational Safety and Health or Cal/OSHA.

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“Individuals who perform work in these facilities are entitled to workplace safety protections, and this settlement reinforces Cal/OSHA’s commitment to enforcing those protections and safeguarding vulnerable workers,” she added.

Under the settlement between California and the GEO Group, a Florida-based private prison company, the company recently withdrew its legal challenges and agreed to pay more than $100,000 in the fines.

The GEO Group did not respond to requests for comment.

Back in 2023, Cal/OSHA issued $104,510 in fines against the GEO Group. The agency had found six violations of state code by the company after detainees complained about a lack of protective equipment and proper training while cleaning the facility for $1 per day.

Detainees alleged they routinely wiped black mold off shower walls at the facility, saw black dust spew from air vents and used cleaning solutions that lacked instructions during the COVID-19 pandemic.

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The biggest fine levied against the GEO Group was for failure to establish and maintain “effective written procedures to reduce employee risk of exposure to aerosol transmissible disease.”

Advocates viewed Cal/OSHA’S recognition of the detainees as workers as a victory that could pave the way for future labor rights fights at other detention centers in the state.

But the GEO Group appealed, arguing that detainees participating in ICE’s voluntary work program make their own schedules and aren’t employees, so hazard exposure couldn’t be “as a result of assigned duties,” as California law states. Plus, the company argued, there wasn’t enough evidence that detainees were exposed to any hazard.

Early last year, the state’s Occupational Safety and Health Appeals Board rejected the GEO Group’s argument and found that detainees should be considered “affected employees.”

The GEO Group sued, but three days before a California Superior Court hearing in May, the company and Cal/OSHA reached the settlement.

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Along with paying the fines, the GEO Group agreed to draft plans for avoiding aerosol transmissions at 12 secure and reentry facilities in California, including five detention centers that hold immigrants.

“GEO ensures detainees are afforded the necessary tools, equipment, and personal protective equipment … to safely and effectively perform any necessary tasks,” the settlement states.

Gómez said the settlement also leaves intact the appeals board’s ruling that civil immigration detainees who participate in work programs can participate in proceedings anonymously, “acknowledging the potential for retaliation when individuals raise workplace safety concerns.”

But the question of whether detainees are employees and deserve certain protections isn’t entirely resolved — at least not for the federal government.

Last month, U.S. Immigration and Customs Enforcement released new standards for detention facilities across the country. The revised guidelines “emphasize that detainee volunteers participating in the voluntary work program are not considered facility and/or government employees” and thus not entitled to labor regulations.

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Attorney Mariel Villarreal said the timing of the new detention standards made her question whether the GEO Group had asked ICE to specify in its standards that detainees are not workers in response to its battle with Cal/OSHA.

“To me, it’s a reaction to this very settlement,” she said. Villarreal works for the California Collaborative for Immigrant Justice, which filed the original complaint on behalf of detainees who said they worked in unsafe conditions.

Villarreal pointed to a Washington Post report that GEO Group executives privately asked ICE to specify that detainees are not employees of the facilities where they work. Two top Trump administration officials, border czar Tom Homan and acting ICE director David Venturella, previously worked for the GEO Group.

New versions of ICE detention standards take effect as contracts are established or modified, so this year’s rules won’t immediately apply to every facility.

An ICE spokesperson did not comment about the settlement. The spokesperson, who did not provide their name in an emailed statement Wednesday, said the agency has begun transitioning detention facilities to meet the 2026 standards, “building on its longstanding commitment to safe, secure, and professional detention operations.”

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“ICE has consistently implemented many of these best practices independently, reinforcing its role as the leader in detention operations,” the spokesperson added.

The GEO Group and other immigrant detention center operators have faced other legal battles over workers’ rights, including lawsuits in Washington, Colorado and California over the $1-per-day payment.

Villarreal said she’s confident that the Cal/OSHA settlement would continue to hold even if California facilities incorporated the new standards. But she said she believes the statements are an attempt by the GEO Group to “sidestep responsibility” and avoid the possibility of being fined under similar circumstances in other states.

“These statements in the new standards are a way for them to try and preserve profits as much as possible,” she said. “GEO and ICE are so intertwined at this point that they have the same motives.”

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