Subject: When Unions Fail Their Own Members: LRI INK

September 4, 2025

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When Unions Fail Their Own Members

by Michael VanDervort

As we emerge from a long Labor Day holiday weekend, during which the press spent considerable time lauding the current trendiness and popularity of labor unions, they devoted little time to discussing the downside of labor unions.


Unions supposedly exist for one primary reason: To provide workers with protection and a collective voice. But like any institution, unions are run by people, and people do not always get it right. Sometimes, the very structures meant to shield employees from unfair treatment end up exposing them to a different kind of risk.


Two recent cases, one at Stanford University and another in Colchester, Connecticut, illustrate what happens when unions drift away from their claimed responsibility of representing members fairly.


Stanford: When Dissent Becomes a Liability

At Stanford, graduate students organized in 2023 and quickly reached their first contract. That should have been a milestone for student workers, who often juggle low pay and high workloads. But the contract also came with strings attached.


As doctoral candidate Jon Hartley explained in the Wall Street Journal, graduate assistants were told they must pay union dues to keep their teaching jobs. For students who disagreed with the union’s political stances, that requirement felt like more than collective bargaining. It felt like being forced to underwrite speech they actively opposed.


The union had adopted an anti-Israel resolution in 2023, in line with its national affiliate, which supports the Boycott, Divestment, and Sanctions (BDS) movement. Jewish students and others who opposed BDS suddenly faced a choice: contribute financially to the cause or lose their positions.


Hartley, a practicing Roman Catholic, sought a religious exemption. Stanford told him the union had the final say. In other words, the group demanding his financial support also held the power to veto whether his objection would be honored.


For some, that was a bridge too far. What began as an effort to secure better conditions for graduate workers instead became a test of ideological loyalty.

Similar arguments are being made by graduate students at the University of Chicago, who are taking their union to federal court, arguing that being forced to support the union violates their constitutional rights.


Colchester: When Coverage Disappears

In Colchester, Connecticut, a different story unfolded. Mary Williamson, the town of Colchester’s finance director, was initially covered by a Memorandum of Understanding that placed her job inside the union’s bargaining unit. Finance directors in both the town and the Board of Education had historically been included.


But after a restructuring that eliminated the CFO role above her, a new agreement quietly removed Williamson’s position. The town argued she now met the definition of “department head,” a category excluded from union coverage under state law. That reclassification left her without representation.

The timing raised questions. Williamson had recently raised concerns about budgeting practices. Soon after, she found herself both outside the union and facing disciplinary charges. She was eventually fired due to allegations of benefit misuse and unauthorized purchases.


The Connecticut State Board of Labor Relations backed the town, saying Williamson’s role was legitimately excluded. But the Board did not weigh in on whether the process of removing her from the bargaining unit was fair. Williamson has since appealed to the Superior Court, arguing the ruling was “arbitrary and capricious.” As reported by the Connecticut Inside Investigator, she claims that she lost union protections at the very moment she needed them most.


The case underscores a gray area in labor law. A union owes a duty of fair representation to everyone in its bargaining unit. But if an employer and union agree to redefine who belongs in that unit, the individual can be left out altogether.


The Bigger Picture

Stanford’s dispute revolves around compelled inclusion. Colchester’s fight revolves around exclusion. However, the through line remains the same: when unions prioritize ideology or expedience over fair treatment, individuals ultimately bear the consequences.


This is not a new pattern. Across industries, workers have seen:

  • Dissenters sidelined for challenging leadership

  • Deals cut with management that sacrifice a few for the benefit of the whole

  • Grievances are ignored because pursuing them would disrupt internal politics

The irony is that unions supposedly exist to protect workers from arbitrary treatment by management. Yet, without accountability, unions can perpetuate the same kind of inequities they purport to address.


Even politicians are starting to take notice. Rep. Scott Perry has introduced the Freedom from Union Violence Act to overturn the 1973 Supreme Court decision in United States v. Enmons. That ruling carved out a loophole in federal law by holding that violence committed in pursuit of “legitimate union objectives,” such as higher wages during a strike, did not qualify as extortion under the Hobbs Act.

Since then, critics say Enmons has shielded union-related violence from prosecution, with more than 12,000 incidents, including over 200 deaths and thousands of injuries, going largely unpunished.


Placed alongside the other cited stories, Perry’s bill highlights a broader concern: unchecked union power can harm members not just through coercion or exclusion, but also by creating legal cover for physical intimidation and violence.


Real representation does not mean forced dues or quietly excluding inconvenient members, or worse. It means ensuring that workers can dissent without fear of retaliation, and that their representation is not negotiable based on other agendas.

Lessons Not Learned In Rideshare Driver Unionization: That California ‘Win’ Won’t Be Helping Workers

by Kimberly Ricci

We talk a lot about California’s status as a labor laboratory, and the Golden State doesn’t want to lose that dubious title. So it’s no surprise that when California found itself running slightly behind a few other states’ efforts on rideshare unionization, it made a giant, and likely unsustainable, leap to catch up. In doing so, state lawmakers announced their actions right before Labor Day. And ironically, the results probably won’t be good for workers.


To back up a moment, Massachusetts voters recently passed a bill that allows Uber and Lyft drivers to unionize, and California is now following suit through a deal between lawmakers and rideshare companies Uber and Lyft. Gov. Gavin Newsom endorsed the resulting passage of two bills, and now, the experiment will go forward through these mechanisms:


No worker reclassification: This new legislation will not classify rideshare drivers as employees. They will remain independent contractors, and AB 1340, which was sponsored by SEIU and Democratic lawmakers Buffy Wicks and Marc Berman, gives rideshare drivers the ability to unionize and collectively bargain over wages and benefits. Meanwhile, SB 371 grants Uber and Lyft a slight reprieve by limiting the amount of uninsured motorist insurance that the companies must carry for rideshare drivers.


Pulling a rabbit out of a hat: AB 1340 also lays a foundation for sectoral bargaining for gig work drivers. This is a maneuver that we’ve seen before in California via the recent AB 1228, which led to a 25% overnight minimum wage increase for fast-food workers. That law also led to preemptive mass layoffs and ongoing financial nightmares for franchisees.


Sectoral bargaining is also part of a new union playbook for Big Labor to exert control over entire industries while skirting the NLRA’s requirements. Through AB 1228, the creation of a Fast Food Council suggests an illusory union that makes no guarantees for workers in improving their workplace conditions, but does ask them to opt into paying dues.


No lessons learned: California lawmakers also conveniently overlooked how another recent law, AB5 – which SEIU claimed would improve drivers’ working conditions – prompted waves of independent contractor layoffs in other industries.


Further down the line: After SEIU helped open the door for sectoral bargaining for fast food workers and rideshare drivers, expect Big Labor to attempt the same in other industries. Additionally, efforts to unionize rideshare drivers continue in Illinois and New York. Meanwhile, Washington and Minnesota have new laws that establish pay floors for gig drivers.


What’s really (not) happening: Following the passage of California’s two new rideshare driver laws, Gov. Newsom declared that this legislation “will empower hundreds of thousands of drivers while making rideshare more affordable for millions of Californians.” How exactly rideshare fares will shrink with these employers facing higher labor costs remains a mystery.


Ultimately, these laws should be viewed as a state-sanctioned model for organizing while sidestepping the NLRA. In turn, this legislation paves the way for rideshare drivers to be bound to a union constitution, which will remove several freedoms associated with being independent contractors.


What a way for California to mark Labor Day.


Team Building for a New Era

by Michael VanDervort

The workplace has undergone dramatic changes—hybrid models, shifting employee expectations, and AI are reshaping how we collaborate. Traditional team-building approaches often fall flat in this new context.

A few takeaways from McKinsey’s latest research:


✅ Teams that embrace psychological safety adapt faster.
✅ Cross-functional collaboration beats siloed expertise.
✅ Leaders must focus less on command-and-control and more on connection and trust.

The question for leaders isn’t if you should rethink team building—it’s how fast can you adapt?


Helpful resources below:


McKinsey: Team Building for a New Era: Link


Your Leader-Shift Playbook: Link

 

The Friday Five: Big Labor On The Field, AI In The Ring, And A Lonely NLRB On The Sidelines

by Kimberly Ricci

We have five labor-related stories that you might not have heard yet:


⚖️ 🧑‍⚖️ 💭 One is the loneliest (Board) number:

Although Acting NLRB General Counsel William B. Cowen is certain that the Board will catch up on a case backlog soon, it’s looking lonely at the top. The Board still lacks a quorum, and after Chair Marvin Kaplan’s term ended, Democrat David Prouty currently sits as the sole Board member.

This hasn't happened since 2002. Yet, the Senate should move forward on Trump’s two GOP nominees after Labor Day, although the fate of GC nominee Crystal Carey’s confirmation remains ambiguous.


Related: Following the Fifth Circuit’s ruling that the Board’s structure is unconstitutional, grocer Hannam Chain USA sued the NLRB while challenging Cowen’s authority to bring charges against the company.


🏈 Football season is here, and Big Labor bought a ticket:

An indoor pro football team, the Colorado Spartans, has been unionized by the Teamsters. The deep-pocketed union also signaled its intent to push further into pro sports, and folks, poaching is alive and well.


Granted, this Teamsters move isn’t *quite* as off-brand as the United Auto Workers counting higher education workers as about a quarter of their membership or the Machinists pursuing pharmacists. Yet it’s a reminder that Sean O’Brien’s union could be lurking anywhere and looking to claim a 10-yard penalty against seemingly random employers.


🤬🩺 A nurse’s ‘vendetta’ passes an NLRB judge’s muster:

An administrative law judge (ALJ) caused legal double takes by ruling that a hospital illegally terminated a registered nurse for posting on Facebook about holding a "vendetta" toward a leader. The ALJ found that the nurse’s private post was protected concerted activity under the NLRA, and she must be reinstated with back pay.


The case’s facts include the nurse’s allegations of workplace harassment and retaliation, and the ALJ found that she exchanged messages with coworkers about workplace conditions. The nurse also claimed that she didn’t intend to bring physical harm, but it’s hard to imagine how the ALJ’s prescribed remedy of reinstatement will work out.


To that end, employment attorney and Lee Meier partner Cary Burke called this ALJ ruling "out-of-touch" and “absurd.” He believes that if the case lands with the Board, this ruling won’t stand, and perhaps Pier Sixty, LLC, which the ALJ cited as precedent, could go down for the count, too.


🧠🤖 The AI competition between tech titans is going down:

The weekly onslaught of AI-related news buried an entertaining scuffle between Meta CEO Mark Zuckerberg and xAI CEO Elon Musk.


As we discussed last week, Zuckerberg began to cool his hiring jets in the race to build superintelligence, but a new report claims that Meta is still sprinting to roll out the next Llama AI version. Meanwhile, Musk is reportedly poaching key tech talent from Meta’s AI division.


Yet if you’re satisfying your munchies while spectating this tech titan war, you might notice that some industries are rolling back their AI usage. For example, Taco Bell is already reconsidering its drive-thru voice bots due to consumer pushback and untamable glitches.


☀️🌴California’s workers stay union-friendly, for now:

The Golden State’s labor-laboratory status is mainly due to SEIU’s heavy lobbying within the healthcare and food service sectors. So, it’s no surprise that UC Berkeley’s “State of the Unions: California Labor in 2024” report claims “steady” union density, but that doesn’t change the reality that nationwide private sector union density remains low by historic standards.


There’s another twist, though. The SEIU's maneuvering, which led to boosting the state’s fast-food minimum wage, hasn’t gone as well for workers as advertised. The fallout included layoffs as higher labor costs hit employers. This side effect, along with an overall job decline in California, will be one of several factors to test unions’ plans to stay “strong” through 2025.

 

Stories You May Have Missed:


Tracking National Labor Relations Board actions through its administrative data

Link


The Wrong Way to Win Back the Working Class

Link


Workers at Yosemite, Sequoia & Kings Canyon National Parks Organize a Union Under NFFE-IAM

Link


Verve Coffee workers in Santa Cruz, San Francisco push to unionize on Labor Day

Link


Management’s Favorite Unions Don’t March for Everyone

Link


About Labor Relations INK

Labor Relations INK is published weekly and is edited by LRI Consulting Services, Inc. Feel free to pass this newsletter on to anyone you think might enjoy it. New subscribers can sign up by visiting here.


If you use content from this newsletter, please attribute it to LRI Consulting Services, Inc. and include our website: http://www.LRIonline.com 


Contributing editors for this issue: Greg Kittinger, Michael VanDervort, and Kimberly Ricci.


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About LRI Consulting Services, Inc.

LRI Consulting Services, Inc. exists to help our clients thrive and become extraordinary workplaces. We improve the lives of working people by strengthening relationships with their leaders and each other. For over 40 years, LRI Consulting Services, Inc. has led the labor and employee relations industry, driven by our core values and our proven process, the LRI Way.

 

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