Articles

Challenging unauthorized union access

September 09, 2016 | By DAMIEN SCHIFF

Yesterday, we filed a new case challenging a controversial rule from the Occupational Safety and Health Administration. The lawsuit, brought in the Northern District of Texas and styled National Federation of Independent Business v. Dougherty, attacks a 2013 OSHA “standard interpretation letter.” Often referred to as the “Fairfa ...

Articles

Briefing update in Fairfax Memo Challenge

December 06, 2016 | By DAMIEN SCHIFF

In National Federation of Independent Business v. Dougherty, we challenge the so-called Fairfax Memo, a substantial pro-union re-write of federal law governing workplace safety inspections. Last month, the feds moved to dismiss our challenge on procedural and substantive grounds. Yesterday, we filed our opposition to the feds’ motion to dismi ...

Articles

Weekly litigation report — December 10, 2016

December 10, 2016 | By JAMES BURLING

PLF supports freedom to work Overcriminalization and environmental law Good decision in California endangered species case Union trespass onto private property Shorelines and the public trust Department of Labor shenanigans challenge Take home liability PLF supports freedom to work Today we filed this brief in Twist Architecture v. Oregon Bd. of Ar ...

Articles

PLF wins important first step in "union walkaround" lawsuit

February 04, 2017 | By JOSHUA THOMPSON

Late Friday, the United States District Court for the Northern District of Texas denied (in part) OSHA’s motion to dismiss our lawsuit challenging the agency’s “union walkaround” rule. Filed back in September, our lawsuit challenges the so-called “Fairfax Memo,” issued by OSHA in 2013. The Fairfax Memo grants uni ...

Articles

There's no longer a union walk-around rule

April 27, 2017 | By JOSHUA THOMPSON

Today, we’re happy to announce that the union walk-around rule is no more. This rule was promulgated by OSHA back in 2013 and it permitted non-employee union operatives to accompany governmental workplace inspections — even when the workforce was not unionized. This made two fundamental changes to the walk-around rule as it had existed ...