Latest news with #NationalLaborRelationsAct
Yahoo
6 days ago
- Business
- Yahoo
OLCC removes labor agreement rule for cannabis businesses after Measure 119 ruling
PORTLAND, Ore. (KOIN) – The Oregon Liquor and Cannabis Commission is no longer requiring cannabis businesses to enter labor peace agreements in order to obtain or renew a cannabis license, the agency announced Thursday. The decision comes after a federal judge ruled Oregon Ballot Measure 119 unconstitutional earlier in May. 'Earlier this month, a federal judge issued a ruling barring the enforcement of Ballot Measure 119. Given this ruling and in consultation with the Oregon Department of Justice, the OLCC will no longer require labor peace agreements as part of cannabis license applications and license renewals,' the OLCC said in a press release Thursday. Portland has the worst housing crisis outlook, LendingTree finds Measure 119, also known as the United for Cannabis Workers Act, was passed by Oregon voters in November 2024 and took effect in December of that year. The measure required cannabis retailers and processors to remain neutral in their communications to employees from labor organizations about bargaining rights. After Measure 119 passed, the OLCC adopted the labor peace agreement requirement in order to comply with the ballot measure, which required cannabis processors, retailers, and labs to provide labor peace agreements with a bona fide labor organization in order to obtain or renew cannabis licenses. The measure was challenged in a lawsuit filed in February by two Portland cannabis businesses, arguing the measure violates the First Amendment and will harm cannabis companies. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now United States District Judge Michael H. Simon in Portland agreed with the cannabis companies, ruling Measure 119 is 'preempted by the (National Labor Relations Act)' and violates the First Amendment. 'Measure 119 is not limited to restricting only threatening, coercive, false, or misleading speech, but instead prohibits all speech by employers that is not 'neutral' toward unionization. Therefore, Measure 119 violates Plaintiffs' First Amendment rights to free speech,' Judge Simon wrote, in part. In response to Judge Simon's ruling, the plaintiff's attorneys with Fisher Phillips LLP told KOIN 6, 'We are pleased with Judge Simon's ruling. Judge Simon reached the right conclusion on this important case of first impression regarding National Labor Relations Act preemption and Constitutional First Amendment speech protections as related to laws requiring businesses to enter into labor peace agreements.' Armed man who threatened Papa Murphy's employees was pepper-sprayed multiple times, police say The plaintiffs' attorneys continued, 'This case is poised to have far-reaching impacts, as many states are considering imposing similar requirements not only on cannabis licensees, but also in other sectors, and this decision helps maintain the proper balance between labor and management and allows cannabis employees to decide for themselves whether to organize without undue influence.' Governor Kotek's office added that the governor — who was named among defendants in the lawsuit — 'respects the court's ruling.' Meanwhile, a spokesperson for UFCW 555, a labor organization that has been a strong proponent of Measure 119, told KOIN 6 News 'We now have conflicting federal rulings, with a judge in Oregon putting Measure 119 on hold while a California judge has upheld a similar law. One of these rulings is destined to be overturned on appeal. Our strong suspicion is that Judge Simon's opinion, which flaunts Supreme Court precedent, will be the one reversed.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Washington Post
28-05-2025
- Business
- Washington Post
The Trump administration is pure progressivism in action
Actual conservatives thinking about the 2028 presidential election should begin with this counterintuitive but correct proposition: Today's administration is the most progressive in U.S. history. Consider progressivism's nine core components. 1. Combating the citizenry's false consciousness by permeating society, including cultural institutions, with government, which is politics. 2. Confidence in government's ability to anticipate and control the consequences of broad interventions in modern society's complexities. 3. Using industrial policy to pick economic winners and losers because the future is transparent, so government can know which enterprises should prosper. 4. Central planning of the evolution of the nation's regions and the economy's sectors, especially manufacturing. 5. Melding governing and party-building by constructing coalitions of government-dependent factions, as Franklin D. Roosevelt's New Deal did with the elderly (Social Security, 1935), labor (the 1935 National Labor Relations Act favoring unions) and farmers (the 1933 Agricultural Adjustment Act). 6. Rejecting conservative growth-oriented tax simplification — lowering rates by eliminating preferences — to use taxes (including tariffs) as tools of social engineering. Bypassing the appropriations process, the tax code can transfer wealth to favored constituencies. 7. Limitless borrowing from future Americans to fund today's Americans' consumption of government goods and services. 8. Presidential supremacy ensured by using executive orders to marginalize Congress. 9. Unfettered majoritarianism, hence opposition to the Senate filibuster.
Yahoo
27-05-2025
- Business
- Yahoo
Judge dismisses lawsuit challenging state-mandated holiday pay for nursing home workers
Getty Images. In a victory for Minnesota's new Nursing Home Workforce Standards Board, a federal judge dismissed a lawsuit brought by two industry groups challenging the board's authority to mandate that nursing homes pay workers time-and-a-half on 11 holidays. The lawsuit was the first legal challenge to the board since the Legislature created it in 2023 to set minimum pay and working standards for nursing home workers across the state. The board — comprising three worker representatives, three state government officials and three industry leaders — voted last year to guarantee workers 11 paid holidays starting this year, as well as minimum wages starting Jan. 1. The three nursing home representatives abstained from voting for or against the minimum wage and holiday rules. The nursing home associations — LeadingAge Minnesota and Care Providers of Minnesota — argued in their lawsuit that the holiday pay rule is illegal because it forces nursing homes to violate workers' rights to collectively bargain under the National Labor Relations Act. The argument was curious coming from associations representing employers. Federal District Court Judge Laura Provinzino wrote in her opinion on Friday that it wasn't even clear that the two associations could assert rights on behalf of employees when they represent the employers. Moreover, SEIU Healthcare Minnesota & Iowa, a union representing thousands of nursing home workers, fully supported the board's rules. The union was a driving force behind the board's creation in order to raise standards for union and non-union workers alike, and its president, Jamie Gulley, serves on the board. LeadingAge and Care Providers also argued that the holiday pay mandate hurt nursing homes by costing them hundreds of thousands of dollars a year in some cases. 'The fact that the industry had money to fund this failed lawsuit but continues to tell their workers 'no' so often when they ask for better pay and benefits showcases how much change is still needed,' Rasha Ahmad Sharif, executive vice president of SEIU Healthcare Minnesota & Iowa, said in a statement celebrating the judge's decision. The associations' arguments centered on a provision in the rule that allows nursing homes to swap out four of the holidays specified in the rule for alternative dates if approved by the majority of employees. The nursing home groups argued this violated employees rights by forcing them to engage in collective bargaining and because the process would allow nursing home managers to 'dominate' the voting process. The judge rejected those arguments, ruling that voting on paid holidays doesn't constitute collective bargaining. 'The rule does nothing more than create a new minimum labor standard,' the judge wrote. In a statement, the groups said they were disappointed in the judge's ruling and considering an appeal. 'This ruling creates even more regulatory challenges for Minnesota's senior care centers at a time when the need for our services is growing,' the statement said. The minimum wages set by the Nursing Home Workforce Standards Board are on track to take effect next year, as the Legislature appears ready to approve additional funding to underwrite the raises. Republicans have looked to eliminate the board and give nursing home leaders more power in setting rules, but those efforts failed to gain traction in the divided Legislature. Labor leaders and their DFL allies sought to set up the board as a model for employer-worker relations in an industry that survives on government funding via Medicaid. Nursing home workers are entitled to time-and-a-half pay for working during the following holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Juneteenth Independence Day Labor Day Indigenous Peoples Day Veterans Day Thanksgiving Christmas Nursing home workers will be guaranteed the following minimum hourly wages in 2026: Certified nursing assistants: $22.50 Trained medication aides: $23.50 Licensed practical nurses: $27 All other workers: $19 Hourly wages will increase $1.50 in 2027
Yahoo
21-05-2025
- Business
- Yahoo
Oregon's voter-approved pot labor law is unconstitutional, federal judge rules
PORTLAND, Ore. (AP) — A federal judge in Oregon struck down a voter-approved measure regarding cannabis labor agreements Tuesday, ruling that it was unconstitutional. Measure 119, which was passed by Oregon voters last year, required cannabis businesses to have a labor peace agreement with a labor organization in order to obtain or renew a license. The agreements would have required employers to remain neutral when a labor organization communicated with employees about collective bargaining rights. U.S. District Judge Michael Simon barred enforcement of the measure, finding that it violated the free speech of cannabis business owners and was preempted by federal labor law, The Oregonian/OregonLive reported. The National Labor Relations Act allows employers to express 'any views, argument or opinion' that are not threatening or coercive without facing an unfair labor practice claim. The lawsuit was filed by Ascend, a cannabis retailer in Portland, and Bubble's Hash, a processor that makes edibles and concentrates also based in Portland. State lawyers who defended the measure had argued that the measure didn't curb speech because employers can still express opinions about unions as long as they're neutral, The Oregonian/OregonLive reported. Simon disagreed and entered a permanent injunction barring enforcement of the measure. 'Measure 119 is not limited to restricting only threatening, coercive, false, or misleading speech, but instead prohibits all speech by employers that is not 'neutral' toward unionization,' he wrote. During a hearing last month, Simon said he recognized the 'historical and valuable role' of unions and that those who work in the cannabis industry can face greater dangers than typical workers, The Oregonian/OregonLive reported. But he said he struggled with the ambiguity of the measure's text regarding what it would allow an employer to say or do. Oregon's Department of Justice did not immediately respond to a message seeking comment from The Oregonian/OregonLive. It has not yet said whether the state intends to appeal Simon's ruling.
Winnipeg Free Press
21-05-2025
- Business
- Winnipeg Free Press
Oregon's voter-approved pot labor law is unconstitutional, federal judge rules
PORTLAND, Ore. (AP) — A federal judge in Oregon struck down a voter-approved measure regarding cannabis labor agreements Tuesday, ruling that it was unconstitutional. Measure 119, which was passed by Oregon voters last year, required cannabis businesses to have a labor peace agreement with a labor organization in order to obtain or renew a license. The agreements would have required employers to remain neutral when a labor organization communicated with employees about collective bargaining rights. U.S. District Judge Michael Simon barred enforcement of the measure, finding that it violated the free speech of cannabis business owners and was preempted by federal labor law, The Oregonian/OregonLive reported. The National Labor Relations Act allows employers to express 'any views, argument or opinion' that are not threatening or coercive without facing an unfair labor practice claim. The lawsuit was filed by Ascend, a cannabis retailer in Portland, and Bubble's Hash, a processor that makes edibles and concentrates also based in Portland. State lawyers who defended the measure had argued that the measure didn't curb speech because employers can still express opinions about unions as long as they're neutral, The Oregonian/OregonLive reported. Simon disagreed and entered a permanent injunction barring enforcement of the measure. 'Measure 119 is not limited to restricting only threatening, coercive, false, or misleading speech, but instead prohibits all speech by employers that is not 'neutral' toward unionization,' he wrote. During a hearing last month, Simon said he recognized the 'historical and valuable role' of unions and that those who work in the cannabis industry can face greater dangers than typical workers, The Oregonian/OregonLive reported. But he said he struggled with the ambiguity of the measure's text regarding what it would allow an employer to say or do. Oregon's Department of Justice did not immediately respond to a message seeking comment from The Oregonian/OregonLive. It has not yet said whether the state intends to appeal Simon's ruling.
