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OpenMarket: Labor and Employment

  • Department of Education Limits Federal Employee Union Subsidy

    March 19, 2018

    Department of Education Secretary Betsy DeVos deserves a round of applause. Most federal agencies, even in Republican administrations, agree to collective bargaining agreements that heavily subsidize federal employee unions’ cost of representation. Instead, DeVos diverged from past practices and scored a win for taxpayers. 

  • National Labor Relations Board Recusal Saga Continues

    March 14, 2018

    Democrats and union allies have been transparent in their goal to block or delay any decisions by the Trump National Labor Relations Board (NLRB), as part of an effort to preserve the pro-union rulings by the Obama-era Board.

  • Growing Scandal at National Labor Relations Board

    March 12, 2018

    This has the look of a coordinated attack to hinder the current National Labor Relations Board’s ability to reform Obama-era policies. The Inspector General stirred up a controversy over the Hy-Brand decision with a report that contained little in terms of facts or legal analysis. Then, someone in the Inspector General’s office, or with access to the investigation, leaked the investigation to the public, which cast doubt on the decision.

  • Job-Killing Joint Employer Standard Returns

    February 27, 2018

    In an abrupt and unexpected move, on February 26th, the National Labor Relations Board vacated its December 2017 decision in Hy-Brand, which restored longstanding Board precedent relating to joint employer liability. The decision to vacate means the law reverts to an Obama-era Browning-Ferris joint employer standard that is overly-broad, vague, and creates immense uncertainty among the regulated community.

  • Could Janus Ruling Open the Door to Pension Reform?

    February 27, 2018

    This week, the U.S. Supreme Court heard oral argument in case Janus v. AFSCME, which could significantly impact unions representing government employees. A ruling in favor of plaintiff Mark Janus, an Illinois social service worker, would free public employees across the country from being required to pay for union representation as a condition of employment.

  • Landmark Supreme Court Case Can Restore Worker Freedom

    February 26, 2018

    Today at oral argument in Janus v. AFSCME, Council 31, Justice Sonia Sotomayor said “You're basically arguing, do away with unions,” when questioning Bill Messenger, an attorney defending plaintiff Mark Janus, for the National Right to Work Legal Foundation.

  • The Dues and Don'ts of Government Union Life

    February 20, 2018

    This year, the U.S. Supreme Court will rule on the issue of whether state and local government employees can be forced to pay union dues in exchange for a job. The case is Janus v. AFSCME Council 31, and the outcome will have a huge impact on public workers’ rights to free speech and association. 

    CEI released a video explaining how government unions impact workers. No worker should be forced to financially support a union to speak and bargain on their behalf with the government. All hard-working men and women should be able to determine how to spend their earnings, not forced to pay a union they may not want to join. Learn more about Janus v. AFSCME here.


  • Lawson v. Grubhub Is a Big Win for Flexible Work Arrangements

    February 9, 2018

    Classyfying sharing economy workers as employees, rather than independent contractors, would undercut why many individuals find sharing economy work appealing. Sharing economy workers can choose how much and when they work. A district court ruled this week against classifying sharing economy workers are employees, thereby hopefully paving the way toward allowing flexible work arrangements to flourish.

  • In Illinois, Public Pension Funding Cannot Keep up with Pension Benefits' Growth

    February 6, 2018

    Public pension shortfalls result from too little money being paid into the pension funds. Or so government employee unions and their political allies would have you believe, when they ask taxpayers to pony up more to pay for pension benefits. Yet left out of this picture is the growth of those benefits.

  • Federal Employee Unions Hamstring Government Reorganization Efforts

    January 29, 2018

    President Trump has said that “billions and billions of dollars are being wasted on activities that are not delivering results for hardworking American taxpayers.” The inspection of federal employee collective bargaining agreements is a good place to start reversing that.


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