Yes, Trump Is (Still) Engaged in an Attempted Coup; and Yes, It Might Lead to a Constitutional Crisis and a Breaking Point

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why Donald Trump’s actions reflect an attempted coup and might still lead to a constitutional crisis. In this column, Buchanan first explains what a coup is and describes the ways that Trump has failed in his attempts thus far. Buchanan warns about how all this could still end in a constitutional crisis that Trump creates and exploits to stay in power.

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Bob's Tire Co., Inc. v. National Labor Relations Board

Docket: 19-1174

Opinion Date: November 20, 2020

Judge: Harry Thomas Edwards

Areas of Law: Labor & Employment Law

Bob's Tire petitioned for review of the Board's order concluding that Bob's violated the National Labor Relations Act. Bob's argued, among other things, that subcontracted work was not bargaining unit work and that, even if it was, the unit employees are owed no remedy because the subcontracting did not cause the loss of any jobs or hours of employment. The Board and the union cross-petitioned for enforcement of the order. The DC Circuit denied the petition for review, agreeing with the Board that there is substantial evidence in the record supporting its findings that petitioner failed to bargain with the union before subcontracting bargaining unit work. The court also agreed that an employer's duty to bargain over subcontracting "is not limited to situations in which employees are laid off or replaced." The court expressed no view as to whether the employees affected by Bob's unfair labor practices are due any backpay. The court also rejected petitioner's "joint-employer" argument as specious, and found that it was without jurisdiction to consider petitioner's arguments regarding the performance-based bonus program where petitioner failed to present the issue before the Board. The court granted the cross-motion for enforcement of the Board's order.