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Federal judge halts NLRB regulation aimed at simplifying unionization process for employees of large corporations

A federal judge in Texas has blocked a new rule by the National Labor Relations Board that would have made it easier for millions of workers to form unions at big companies. The rule, which was set to go into effect on Monday, would have established new standards for determining when two companies should be considered “joint employers” in labor negotiations.

Under the current NLRB rule, a company like McDonald’s is not considered a joint employer of most of its workers because they are directly employed by franchisees. However, the new rule would have broadened that definition to consider companies joint employers if they have the ability to control at least one condition of employment, such as wages, benefits, hours, scheduling, duties, work rules, and hiring.

The NLRB argued that the change was necessary to prevent companies from evading their legal responsibility to bargain with workers. However, the U.S. Chamber of Commerce and other business groups, including the American Hotel and Lodging Association, the International Franchise Association, and the National Retail Federation, filed a lawsuit in federal court in Texas to block the rule. They claimed that the new rule would overturn years of precedent and could make companies liable for workers they don’t employ in workplaces they don’t own.

In a decision on Friday, U.S. District Court Judge J. Campbell Barker granted the plaintiffs’ motion for summary judgment, stating that the NLRB’s new rule was “contrary to law” and “arbitrary and capricious” in how it would change the existing rule. Barker found that the new rule went beyond the bounds of common law by introducing new conditions to determine joint employer status.

The NLRB is currently reviewing the court’s decision and considering its next steps in the case. NLRB Chairman Lauren McFerran expressed disappointment in the court’s ruling but hinted at further efforts to align the joint employer standard with common law principles endorsed by other courts.

Overall, the judge’s decision to block the NLRB’s rule is a significant setback for the agency’s efforts to make it easier for workers to unionize at big companies. The ruling highlights the ongoing debate over labor laws and the balance between protecting workers’ rights and business interests. It remains to be seen how this legal battle will unfold in the future and what implications it may have for the labor movement in the United States.

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University of Wisconsin-Milwaukee and Protesters reach an agreement to dismantle encampment

Protesters at the University of Wisconsin-Milwaukee have agreed to end their pro-Palestinian encampment following an agreement reached with the school, university officials announced on Sunday. The encampment, which had been in place for two weeks, will be dismantled by Tuesday, marking the end of what was believed to be the last standing encampment at a Wisconsin college.

University officials had allowed the encampment to remain on a patch of lawn between Mitchell Hall and a busy thoroughfare on the campus’s southern boundary, opting not to involve law enforcement. This approach differed from the response at the University of Wisconsin-Madison, where police were called in to remove tents after negotiations fell through. Despite initial efforts to disband the encampment, Wisconsin-Madison eventually reached an agreement with protesters to voluntarily dismantle the camp prior to commencement ceremonies.

Chancellor Mark Mone of Wisconsin-Milwaukee stated last Wednesday that the university had exhibited “the widest possible amount of patience and restraint.” However, he also cautioned that patience was wearing thin and hinted at potential action by the school. Following discussions with the UWM Popular University for Palestine Coalition, the university agreed to advocate for a cease-fire between Israel and Hamas, condemn the destruction of schools and universities in Gaza by Israeli forces, and hold meetings with protest leaders regarding university investments.

Additionally, the university pledged to urge the Water Council, a Milwaukee organization of water technology companies, to sever connections with two Israeli government-owned entities, Mekorot and the Israel Innovation Authority. Chancellor Mone serves as the treasurer on the Water Council’s board of directors.

In return for these commitments, the protesters agreed to dismantle the encampment beginning on Sunday and completing the process by Tuesday. They also agreed not to disrupt the university’s commencement ceremonies scheduled for Sunday. In a statement, the protesters expressed their satisfaction with the agreement, stating, “After hard fought edits and careful consideration by the coalition, we determined we had obtained all possible benefits from the encampment.”

The resolution of the encampment at the University of Wisconsin-Milwaukee represents a successful outcome of negotiations between university officials and protesters. By reaching a compromise that addresses the concerns of both parties, a peaceful resolution has been achieved, allowing for the encampment to be taken down without incident.

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