Federal Judge Rules Trump’s Anti-Worker Executive Orders Unconstitutional

When Donald Trump issued a series of executive orders attacking the rights of federal government workers, he wasn’t prepared for the response from working people. Our response, led by AFGE, included filing lawsuits to stop the orders and rallying across the country in support of federal workers. Now a federal judge has agreed with working people that these executive orders are illegal.

Judge Ketanji Brown Jackson ruled that key provisions of the three executive orders are either unconstitutional under the First Amendment, violate congressional intent or exceed the president’s authority.

AFGE National President J. David Cox Sr. lauded the ruling:

President Trump’s illegal action was a direct assault on the legal rights and protections that Congress specifically guaranteed to the public-sector employees across this country who keep our federal government running every single day.

We are heartened by the judge’s ruling and by the huge outpouring of support shown to federal workers by lawmakers from both parties, fellow union workers and compassionate citizens across the country. Our members go to work every single day to serve the American people, and they deserve all the rights and protections afforded to them by our Founding Fathers.

Now that the judge has issued her decision, I urge all agencies that have attempted to enforce this illegal executive order to restore all previously negotiated contracts and to bargain in good faith with employee representatives on any future changes as required under the law.

AFL-CIO President Richard Trumka also commented on the win on Twitter:

Regardless of what attacks on working people corporate interests and their allies dream up next, the labor movement will continue to stand up against any attempts to weaken our rights.

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Reposted from the AFL-CIO

Posted In: Allied Approaches

Union Matters

Uber Drivers Deserve Legal Rights and Protections

By Kathleen Mackey
USW Intern

In an advisory memo released May 14, the U.S. labor board general counsel’s office stated that Uber drivers are not employees for the purposes of federal labor laws.

Their stance holds that workers for companies like Uber are not included in federal protections for workplace organizing activities, which means the labor board is effectively denying Uber drivers the benefits of forming or joining unions.

Simply stating that Uber drivers are just gig workers does not suddenly undo the unjust working conditions that all workers potentially face, such as wage theft, dangerous working conditions and  job insecurity. These challenges are ever-present, only now Uber drivers are facing them without the protection or resources they deserve. 

The labor board’s May statement even seems to contradict an Obama-era National Labor Relations Board (NLRB) ruling that couriers for Postmates, a job very similar to Uber drivers’, are legal employees.

However, the Department of Labor has now stated that such gig workers are simply independent contractors, meaning that they are not entitled to minimum wages or overtime pay.

While being unable to unionize limits these workers’ ability to fight for improved pay and working conditions, independent contractors can still make strides forward by organizing, explained executive director of New York Taxi Workers Alliance Bhairavi Desai.

“We can’t depend solely on the law or the courts to stop worker exploitation. We can only rely on the steadfast militancy of workers who are rising up everywhere,” Desai said in a statement. 

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