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“It is declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self- organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.” — National Labor Relations ActLabor attorney Alex MacDonald from Littler’s Workplace Policy Institute returns to the podcast to discuss his article The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions.Read more of Alex’s writings at the Federalist Society here.* Labor Relations Radio E144—Alex MacDonald Explains How Unions' Right to"Exclusive Representation" May Be Unconstitutional* Labor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'LISTEN TO AND SUBSCRIBE TO THE YGTBFKM PODCASTLaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, please consider becoming a paid subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Returning guest Kim Kavin, a freelance writer, editor and co-founder of Fight for Freelancers has a new Substack: FreelanceBusting.com.In this episode of Labor Relations Radio, Kim Kavin joins host Peter List to discuss where the battle against the freelance busters stands during this election cycle.Be sure to subscribe to Kim’s substack. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Is Sean O’Brien, the President of the International Brotherhood Teamsters, a “scab” for not endorsing Kamala Harris?Joe Brock is president of Reliant Labor Consultants and a former local president of a large Teamsters local.In this episode of Labor Relations Radio, Joe returns to the podcast to explain why he believes Sean O’Brien has betrayed union principles by allowing the Teamsters’ non-endorsement. Related:* Labor Relations Radio, E92—Former Teamster leader-turned-consultant Joe Brock on today's workplace issues* This Breakdown Of Teamsters Locals Endorsing Harris Shows A Majority Of Members Supporting Trump* If Unions Don't Want Members' Opinions, They Shouldn't Ask (Most Don't).* WATCH: Teamsters President Sean O'Brien Delivers A Fiery Speech At The Republican National ConventionLISTEN TO AND SUBSCRIBE TO THE YGTBFKM PODCAST This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Last Friday, the Biden-Harris administration—“the most pro-union administration in American history”—issued an Executive Order that overwhelmingly gives unions and unionized employers advantages in obtaining federal work.In this episode of Labor Relations Radio, returning guest Ben Brubeck, vice president of regulatory, labor and state affairs for the Associated Builders & Contractors explains how this “gift to unions is discouraging for the overwhelming majority of the U.S. construction industry workforce—nearly 90%—that works for nonunion employers.” Related: * ABC: Latest Biden-Harris Executive Order Panders to Unions, Harming 90% of Construction Workforce* Labor Relations Radio, E1–Associated Builders & Contractors’ Ben Brubeck Discusses President Biden's Recent Executive Order on PLAs and more* Labor Relations Radio, Ep. 33—ABC's Ben Brubeck on the PRO Act Senate Vote and More* Labor Relations Radio, E106—ABC's Ben Brubeck on Biden's PLA Mandate, Joint Employer and Apprenticeship RulesGo here for all prior episodes of Labor Relations RadioLaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, please consider becoming a paid subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Did you know that more than 95 percent of unionized private-sector employees have never voted to be unionized?As Americans, every two, four, or six years, we head to polls to cast our ballots for who we want to represent us. For unionized workers in the private sector, the vast majority never voted to unionize.According to a new study [in PDF] by the Institute for the American Worker (I4AW), 95 percent of private sector union workers under the National Labor Relations Act (NLRA) are represented by a union they have never voted for. Analyzing four decades of data on union organizing elections shows that workplace democracy has worsened since the last such analysis, in 2016. In the past eight years, the percentage of private-sector union members who voted for their union has declined by more than a full percentage point—from 6% to 4.9%.In this episode of Labor Relations Radio, I4AW’s President, F. Vincent Vernuccio returns to the podcast to explain I4AW’s new report.Related:* Labor Relations Radio, Ep. 43—The Institute for the American Worker's F. Vincent Vernuccio on Independent Contractors, Joint Employers & More* Labor Relations Radio, Ep. 2—Guest: F. Vincent Vernuccio of the Institute for American WorkersGo here for all prior episodes of Labor Relations RadioLaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, please consider becoming a paid subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Share this episode of Labor Relations Radio with your colleagues.Alex MacDonald, from the Workplace Policy Institute, returns to Labor Relations Radio to discuss the filing of an amicus brief (for a writ of certiorari) with the U.S. Supreme Court for the Court to clarify a prior decision from 1984 that, if successful, could weaken a new form of "exclusive representation" for unions.Related: * An Amicus Brief Was Just Filed With The Supreme Court Asking The Court To Hear The Issue Of Exclusive Representation 'Schemes'* Labor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'* Political Unions, Free Speech, and the Death of Voluntarism: Why Exclusive Representation Violates the First Amendment [in PDF]Go here for all prior episodes of Labor Relations RadioLaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, please consider becoming a paid subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

As Artificial Intelligence (AI) becomes more prevalent across various industries, one industry that is not often included in the AI discussion in the construction industry.In this episode of Labor Relations Radio, Patrick Scarpati, Director of Construction Technology and Innovation for the Associated Builders and Contractors, joins host Peter List to discuss ABC’s new AI Resource Guide, the current uses of AI, as well as where AI may be headed.As an added bonus: The outro for this episode was written and performed by AI for ABC. (😳) Related: * Visit our AI @ Work section here.* Visit our AI @ Work Library here* Labor Relations Radio, Ep. 1 –Guest: Associated Builders & Contractors’ Ben Brubeck Discusses President Biden's Recent Executive Order on PLAs and more* Labor Relations Radio, Ep 11—Guest: Joe Perpiglia, ABC President of Eastern PA talks about union RCOs, sabotage and more...* Labor Relations Radio, Ep. 33—ABC's Ben Brubeck on the PRO Act Senate Vote and More* Labor Relations Radio, E106—ABC's Ben Brubeck on Biden's PLA Mandate, Joint Employer and Apprenticeship RulesGo here for all prior episodes of Labor Relations Radio.LaborUnionNews.com and Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, become a paid subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Only months after the State of California required fast-food operators to raise the minimum wage from $16 to $20 per hour, the Service Employees International Union (SEIU) wants the minimum wage raised again.In this episode of Labor Relations Radio, Tom Manzo, President of the California Business & Industrial Alliance joins host Peter List to discuss how unions are negatively impacting the state and driving businesses out.* California fast-food workers want another minimum wage increase* California labor takes a rare “L” in 2024Go here for all prior episodes of Labor Relations RadioLaborUnionNews.com and Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, become a paid subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Within three weeks earlier this Spring, employees of a Trader Joe’s store in Chicago turned around an ambush election by Trader Joe’s United. They did so without help from their employer, and to the shock and dismay of the union’s leaders.Long-time Trader Joe’s employees, Nikki and Jose, explain what happened before and during the short window before their NLRB election.Related:* Labor Relations Radio, E102—Unionized Trader Joe's Employees Explain the Efforts to Decertify Trader Joe's United* Labor Relations Radio, E83—Trader Joe’s Employees Speak Out About Unionization* Labor Relations Radio, E88—A Trader Joe's employee reveals union tactics that led to a union's loss.* Trader Joe's union is not what we bargained for* NLRB: Trader Joe’s Employee Decertification PetitionGo here for all prior episodes of Labor Relations RadioLaborUnionNews.com and Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, become a paid subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Returning guest Nick Kalm, CEO of Reputation Partners, rejoins the podcast to discuss the month’s political events and try to figure out which team has the advantage going into November.Prior Labor Relations Radio Episodes with Nick Kalm:* Labor Relations Radio, Ep. 9—Reputation Partners' CEO Nick Kalm On Attacks On Company Brands* Labor Relations Radio, Ep. 44—Guest Nick Kalm On Why The Mid-Term's 'Red Wave' Was Barely A Ripple* Labor Relations Radio, Ep. 45—Guests Nick Kalm and Haley Hartmann on Gen Z in the Workplace* Labor Relations Radio, E80—Reputation Partners' Nick Kalm on Companies Destroying Their Brands: 'Stay In Your Lane.'* Labor Relations Radio, E99—Do unions have an Anti-Israel problem? A conversation with Nick Kalm* Labor Relations Radio E119—A conversation with Nick Kalm on Chicago Politics, Immigration and the 2024 ElectionFor all prior episodes of Labor Relations Radio, go here.LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

As unions have become more reliant on government largesse over the last few decades, putting their future fortunes into the hands of the government, the question of whether the Constitution’s First Amendment and its Freedom of Association apply to the concept of Exclusive Representation is called into question.In this episode, labor attorney Alex MacDonald, from Littler’s Workplace Policy Institute shares some of the details of his paper: Political Unions, Free Speech, and the Death of Voluntarism: Why Exclusive Representation Violates the First Amendment [in PDF]Shorter: Union membership is now political. So can the government still require people to associate with a union? This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Since October 7th, there has been a tremendous and overt rise of anti-semitism on college campuses across the U.S.In this episode of Labor Relations Radio, Glenn Taubman from the National Right to Work Legal Defense Foundation joins host Peter List to share what the Foundation is doing to assist and protect grad students, as well as others, against the onslaught of antisemitism in their unions.Related: * To contact the National Right to Work Legal Defense Foundation, go here.* U.S. House Committee Spotlights Need for Employee Protections Against Forced Funding of Extremist Unions* Labor Relations Radio, E132—Constitutional Attorney Jeffrey Schwab On A New Janus-Related Case With Potentially Sweeping RamificationsFor all prior episodes of Labor Relations Radio, go here.LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Trigger Warning: This episode discusses political issues currently going on in the U.S. and the State of California If political topics trigger you, please do not listen to this episode.With political issues occupying the national conversation since President Joe Biden’s debate debacle, Will Swaim, president of the California Policy Center and co-host of National Review’s Radio Free California podcast, joins host Peter List to discuss current affairs and the potential replacement of Joe Biden by either current-Vice President Kamala Harris, or California Governor Gavin Newsom, and potential other contenders.Follow Will Swaim on X (formerly Twitter) here.Related: * Labor Relations Radio, E94—CPC's Will Swaim on California's Fast Food Council, Gov. Newsom's Presidential ambitions and much moreFor all prior episodes of Labor Relations Radio, go here.LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

With last week’s decision in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court struck down a 40-year precedent called the Chevron Doctrine (or Deference).This decision may have significant impact concerning how the National Labor Relations Board (and other federal agencies) conduct themselves moving forward.In this episode of Labor Relations Radio, labor attorney Jim Paretti, Jr., a shareholder with the law firm Littler Mendelson, returns to the podcast to discuss what the reversal of the Chevron Doctrine means, as well as provides an update to the “Joint Employer Rule” that the NLRB issued last year.Contact Jim Paretti, Jr. here.Related: * Labor Relations Radio, E118: Michael Lotito Explains How A Supreme Court Case May Have A Huge Impact On Government Agencies* Labor Relations Radio, E79—Labor Attorney Jim Paretti discusses the NLRB's Atlanta Opera decision & its impact on Independent ContractorsFor all prior episodes of Labor Relations Radio, go here.LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Megann McManus (bio here) is a full-service traditional labor attorney at the law firm Husch Blackwell. Before becoming a lawyer, Megann majored in theatre and then worked for Actors’ Equity Association as a director in the human resources department. There, she gained a unique and valuable perspective as a manager for a labor union, and she quickly realized that the collective bargaining and contract management process happening behind the scenes was even more interesting than the drama on the stage.Now, as an attorney working with employers, Ms. McManus has extensive experience in collective bargaining, grievance management, labor arbitration, and union-related litigation, including matters before the National Labor Relations Board (NLRB), as well as public sector litigation.In this episode of Labor Relations Radio, Ms. McManus joins host Peter List to discuss the little-known subject of Deauthorization Elections, wherein private-sector workers in states without right-to-work laws can vote to ‘deauthorize’ required dues payments under a union security clause.Follow Megann McManus on LinkedIn here.Related: Labor Relations Radio, Ep 67—National Right To Work Foundation's Glenn Taubman On Employee Rights and OptionsFor all prior episodes of Labor Relations Radio, go here.LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe