EBG Commentary

Steven Swirsky Quoted in “Nissan Accused of Snooping in Labor’s Latest Fight for the South”


Steven M. Swirsky, a Member of the Firm in the Employment, Labor & Workforce Management and Health Care and Life Sciences practices, in the firm’s New York office, was quoted in Bloomberg, in “Nissan Accused of Snooping in Labor’s Latest Fight for the South,” by Josh Eidelson.

Following is an excerpt:

Automakers have battled hard to keep organized labor from gaining traction in the U.S. south. Mostly, they’ve won—as Nissan Motor Co. did when workers at its Mississippi plant voted in August against joining a union. But the Japanese company has been accused of fighting dirty.

It could prove a test-case for labor in the age of Donald Trump. Unions have been fighting a rearguard action as automakers shifted production to southern states, where wages are lower and laws are more management-friendly—something Trump encouraged, even as his campaign was winning union votes. It’s part of a wider squeeze on workers who’ve seen pay stagnate and protections erode, sparking a backlash in industrial regions that both Trump and Bernie Sanders tapped into.  …

But legal arguments like the U.A.W.’s may get a more skeptical hearing from labor board prosecutors under the Trump administration, according to Steven Swirsky, a former NLRB attorney who’s represented companies including Volkswagen.