Reprinted from The Huffington Post by Dave Jamieson on July 10, 2018.
In 2005, a group of workers at a meatpacking plant in Brooklyn voted to join a union. Their employer, a kosher meat wholesaler called Agri Processor, fought the organizing effort as best it could. Once the workers were unionized, the company refused to bargain, arguing that most of them weren’t covered by collective bargaining law because they were undocumented immigrants.
Ultimately, neither the National Labor Relations Board nor the majority of judges on a panel for the US Court of Appeals for the District of Columbia Circuit agreed with Agri Processor. The only one who did was Brett Kavanaugh, the circuit judge who wrote a dissent in the case and is now President Donald Trump’s nominee to replace Justice Anthony Kennedy on the Supreme Court.
The Agri Processor case provides a window into Kavanaugh’s thinking when it comes to workers’ rights. Like the conservative justices he would join at the Supreme Court, Kavanaugh has tended to side with employers in workplace disputes. If confirmed, he would almost certainly continue the Supreme Court’s run of business-friendly rulings in contentious, precedent-setting cases that have weakened labor unions and class-action lawsuits in recent years. …