lawfully exercising one of these functions,
22 the scope of his power to issue written directives is exceedingly broad. In short, he may issue or execute whatever written directives, orders, guidelines (such as prosecutorial guidelines or nondiscriminatory enforcement policies), communiqués, dispatches, or other instructions he deems appropriate.
The President also may issue directives in the exercise of his statutorily delegated authority, unless Congress has specified in law that the statutory power may be exercised only in a particular way. A few examples of Congress s conditional grant of statutory authority are mentioned herein, but as previously explained, there are limits to how far Congress can go in an attempt to micromanage even the President s statutorily delegated authority.
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Part one of this two-part series covered changes to U.S. labor law policies that employers can expect to see with the new administration. Part two is a brief summary of the most prevalent issues in current labor law and their likely disposition under a new Biden administration and National Labor Relations Board (NLRB).
1. Board Jurisdiction
The Board itself will act to reassert jurisdiction over student/employees at colleges and universities. While this is an issue that has changed several times, the current decisional authority is from 2016 (
Columbia University) and finds these students to be employees with organizing rights; but the Trump Board has proposed a rule that would find them to be primarily students without organizing rights. Assuming the current Board does not finalize that rule, the Biden Board could withdraw it and continue to follow the
Thursday, January 21, 2021
At noon, eastern standard time, on January 20, 2021, Joseph R. Biden Jr. became the 46th president of the United States, giving Democrats control of the executive branch, and, albeit by the thinnest of margins (with Vice President Kamala D. Harris presiding as president of the U.S. Senate), the legislative branch of the U.S. government for the first time since 2011. While that transition will, no doubt, impact a great many national and global issues, the focus of this article is the potential impact that this dynamic will have on U.S. labor law and policy.
Those who have been monitoring labor issues since 2008 largely know what to expect. After four years of more management-friendly labor policy, today the pendulum has started to swing in the direction of labor, just as it did in 2008. How far the pendulum swings and how fast is yet to be determined, but all signs indicate the swing could be significant. On the eve of the election, President Bid
Most people are familiar with the politically motivated killings that punctuated the 1960s. From Medgar Evers to Robert Kennedy, bloodshed galvanized the antiwar, civil rights, and student movements, but eroded trust in government and higher education. The labor movement was no exception to the rule.
On New Year’s Eve 1969 in Clarksville, Pennsylvania, three gunmen shot Mine Workers (UMWA) leader Joseph “Jock” Yablonksi, his wife Margaret, and their daughter Charlotte as they slept. The killers were petty criminals from Cleveland, one of whom had ties to the union by marriage.
This horrific moment is the subject of Mark Bradley’s book