Here is your Missouri Labor Weekly Update!
The Biggest Thing Going:
Supreme Court Makes Massive Judicial Power Grab
The United States Supreme Court made a massive power grab this week, overturning 40 years of precedent from 1984’s Chevron vs. The National Resources Defense Council decision. The ruling means trouble for workplace safety regulations, workers’ rights as well as environmental regulations, and other important protections. Let’s dive in.
It’s not only your healthcare, these six individuals, none of them Doctors or scientists, will now personally decide the details of what workplace safety protections you get.
What was the Chevron case?
The Chevron case was a unanimous Supreme Court decision in 1984 that, in plain English, says that Courts must give deference to administrative agencies (i.e. the EPA, the Department of Labor, etc.) if there is ambiguity in the interpretation of a law. For example, let’s say Congress passed a law that said water must be available to workers if it’s “hot outside”, but when they passed the law congress didn’t define the word “hot.” The Department of Labor would go through a process, including taking public testimony and reviewing scientific literature, to fill in that “gap” and define what constitutes “hot” and therefore when water is required.
If the DOL set a standard of “hot” is 90 degrees and above, and then a construction company filed suit and saying the law didn’t define hot and therefore they think it should only be 100+ degrees and they shouldn’t have to provide water at 90 degrees, under the Chevron Doctrine the company would lose because the agency has been given deference to fill in that “gap” in the statute and set the definition of hot.
What did the Supreme Court Do this week?
In a 6-3 ruling Republican judges outvoted Democrat judges and overturned the Chevron doctrine, ending court’s deference to administrative agencies in interpreting statutory mandates or instructions.
It’s worth noting that the Supreme Court did not undo previous rulings using the Chevron Doctrine, saying this ruling only applies to cases moving forward. The full ruling can be read here.
What does it mean for workers?
In short, it means the details of workplace safety regulations will now be interpreted and decided by courts rather than administrative agencies like the Department of Labor. Courts will not be required to take public feedback, hold open comment periods or defer to subject matter experts like federal agencies currently do. In the made-up scenario described above it means that a Judge would unilaterally decide what the word “hot” means and when employers should be mandated to supply water. The Judge may or may not take into consideration what doctors and health safety experts say. In that way, this is a massive expansion of judicial authority vis-a-vis the executive branch. An authority the “conservative” Court overturned a long-standing unanimous precedent to claim for itself. This is a massive blow to ensuring we have well-thought-out, researched federal regulations.
Labor Buzz: What You Need to Know
Missouri
The Missouri AFL-CIO released our list of legislative primary endorsements. Endorsements were voted on by the Executive Board taking into account the advice of the local labor councils. The list of State House endorsements is here, the list of State Senate endorsements is here. The State Fed previously early-endorsed Crystal Quade for the Democratic nomination for Governor.
Locally
The Laborers Local 662 will be hosting a Blood Drive in conjunction with the Red Cross at the Jefferson City Labor Temple on Saturday, July 13 from 12:00-4:00. The link to register is here. Donors will be eligible for a free movie ticket, an entry into a drawing for a new 2024 Ram 1500 Big Horn, and the satisfaction of knowing that they helped save a life.
The St. Louis Labor Council will be holding its St. Louis Labor Festival on August 25th from noon to 4:00 at the Knights of Columbus in Florissant. If you can volunteer to help with the event please sign up here. ALL union members and families (and supporters!) are welcome to attend!
Tomorrow the St. Louis City Labor Club will be hosting its Pin-ball tournament fundraiser. Details in Graphic.
In Solidarity,
Stephen Webber
Missouri AFL-CIO, Communications Director
