@LRToday Morning Round-Up: May 21, 2013

Board Seeks Injunction to Force Hospital Back to Bargaining Table: R.J. Ignelzi of the San Diego Union-Tribune reports that the National Labor Relations Board will be heading to federal court to seek an injunction that would force Fallbrook Hospital back to the bargaining table. Fallbrook has been negotiating with its nurses off and on since the nurses voted to be represented by the California Nurses Association last year.

In a 24-page decision outlining Fallbrook's failings, an Administrative Law Judge found that Fallbrook had engaged in a pattern of "intransigence" with regards to CBA negotiations. Moreover, the ALJ also held that Fallbrook had illegally fired several nurses without first negotiating with the union. We will keep you posted as this injunction action moves through the legal process.

AFSCME Patient-Care Workers Set to StrikeABC10News reports that as of this morning thousands of patient care technical workers at University of California hospitals are set to walk off the job in a concerted push for a new contract. The employees, represented by the American Federation of State, County and Municipal Employees (AFSCME), plan to return to work on Thursday after two days of protests.

The hospital, in a short statement, expressed regret that the employees would be going on strike, particularly due to the effect it would have on patient care. We will keep you updated with any further developments.

Childcare Union Bill Set for Governor Dayton's SignatureMegan Boldt of the Pioneer Press reports that, after two days of tense and emotional debate, a bill that would allow Minnesota childcare providers and personal care attendants to unionize passed the House and is headed to the Governor's desk for a signature. The bill passed the House by a 68-66 vote and had earlier passed in the Senate by a 35-32 margin.

The bill received strong opposition from Republicans in both the House and Senate, while Democrats overwhelmingly supported the legislation. Once Governor Dayton signs the bill, which is expected before the end of the week, expect both the SEIU and AFSCME to descend upon the State in order to begin organizing efforts. We will certainly keep you posted.

@LRToday Morning Round-Up: May 20, 2013

7th Circuit Hears Argument that IN's Right-to-Work Law Constitutional: Ben James of Law360 ($$) writes that last Friday, Indiana's Attorney General told the Seventh Circuit Court of Appeals that Indiana's right-to-work law is constitutionally sound and is not preempted by federal law. Indiana's right-to-work law, passed in February of 2012, prohibits a union from requiring members to pay dues or join the union as a condition of employment.

“Indiana’s right-to-work statute fits squarely within the permitted parameters of the federal labor law allowing state regulation of forced union membership and union security agreements, and therefore, the district court correctly dismissed the preemption claims in this case,” the brief said.

The International Union of Operating Engineers (IUOE) had filed suit around the time the law was passed in an attempt to invalidate the newly-passed legislation. A ruling is expected in the next couple of months. We will certainly keep you posted.

New Jersey AFL-CIO Chapter Launches Super PACJenna Portnoy of the New Jersey Star Ledger reports that the New Jersey chapter of the AFL-CIO has filed the necessary paperwork in order to form a Super PAC. The Super PAC, to be known as NJ Workers' Voices, is expected to lean left and focus on current employee-side labor issues.

The group will provide "grassroots communications support for candidates and issues that we feel are in line with the interests of the state's workers," [a spokeswoman for the group] said.

The first major testing point for the newly-formed Super PAC will be the coming 2014 midterm elections. While NJ Workers' Voices has not yet begun to endorse candidates, expect the Super PAC to begin backing New Jersey Democrats in the near future.

Chicago Teachers' Union re-elects Union Chief: Valerie Strauss of the Washington Post writes that the Chicago Teachers' Union (CTU) has re-elected Union Chief Karen Lewis to another three-year term of office. Lewis won over 80% of the vote and soundly beat back a challenge from her previous competitor. Interestingly, Lewis will have little time to celebrate her victory, as CTU will kick of three days of protests this morning over public school closures in the city.
 

@LRToday Morning Round-Up: May 17, 2013

Board Chair: We Have a Duty to Keep WorkingBen James of Law360 ($$) reports that yesterday, the Senate Health, Education, Labor and Pensions Committee (HELP) held a hearing concerning pending nominations to the National Labor Relations Board. Senator Tom Harkin (D-IA) stated that an executive committee meeting would be held on May 22 in order to determine whether the nominees should be sent to the full Senate for a confirmation vote. Chair Mark Gaston Pearce lamented that, in the interim, the Board owes the public a duty to keep working.

"Historically, the NLRB has functioned in the wake of constitutional challenges," he said. "We were born of controversy. In 1935 through 1937, our legitimacy was challenged in the courts. We continued to function, and when the Supreme Court finally decided the issue, we still had managed to serve the public. But most importantly, we owe it to the public to continue to work."

The Board's legitimacy is under attack from several angles, with some Senators and House Members attempting to introduce legislation to shut the Board down until a full quorum has been validly appointed. Further, the 3rd Circuit ruled yesterday that President Obama's recess appointments were constitutionally-invalid, joining the D.C. Circuit in finding that the Board did not have a quorum to act for quite some time. We will keep you posted as the nomination process moves towards a confirmation vote.

Right to Work Foundation Lobs ULP AllegationsChris Sikich of the Indianapolis Star writes that the National Right to Work Foundation has filed unfair labor practice charges against Domtar Paper Co., alleging that the company has violated Indiana's "right to work" law by forcing employees to pay union dues. Under the law, nonunion members cannot be forced to pay union dues. However, the Right to Work Foundation believes that that is exactly what is happening at Domtar.

“Teamster union officials are extracting full union dues from workers who want to exercise their rights under Indiana’s popular new right to work law,” said Patrick Semmens, vice president of the National Right to Work Foundation, in a prepared statement. “This illegal action must stop.”

Domtar could not immediately be reached for comment. Indiana's law is relatively new and only affects contracts signed after March 14, 2012. We will keep you posted on these pending charges.

Board Certifies Georgetown Adjuncts UnionPenny Hung of the Georgetown Hoya reports that this past Monday, the National Labor Relations Board certified the Service Employees International Union as the official representative of adjunct faculty at Georgetown University. The faculty voted May 3 on whether or not to be represented by the SEIU, with a large majority voting in favor of unionization. The SEIU will now meet with university officials in order to negotiate a new contract for the newly-unionized adjuncts.

Third Circuit Is Second Court to Invalidate NLRB Recess Appointments

The Third Circuit Court of Appeals joined the D.C. Circuit in invalidating President Obama's recess appointments to the National Labor Relations Board in a 2-1 decision issued today in NLRB v. New Vista Nursing and Rehabilitation, Case No. 11-3440. The Third Circuit majority held that "'the Recess of the Senate' in the Recess Appointments Clause refers to only intersession breaks," and thus Member Craig Becker did not hold a proper appointment because he was appointed during an intrasession break.

Significantly, the Third Circuit invalidated the Board's order despite the fact that the Board had a proper quorum of members to act under New Process Steel when the Board issued its decision on August 26, 2011, as there were still three properly confirmed members: Chairman Liebman, Member Pearce, and Member Hayes. Therefore, unlike the D.C. Circuit's decision in Noel Canning v. NLRB, which focused on the recess appointments of Members Sharon Block and Richard Griffin, the Third Circuit decided sua sponte that the critical issue in New Vista Nursing and Rehabilitation was whether the delegee group of the Board had jurisdiction:

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@LRToday Morning Round-Up: May 16, 2013

Charges Over Facebook Discipline Set to Continue, RDs SayBen James of Law360 ($$) writes that yesterday, a panel of National Labor Relations Board (NLRB) Regional Directors and private-sector management-side attorneys discussed current hot topics in labor relations at Cornell's School of Industrial and Labor Relations in Manhattan. In particular, the panel discussed the recent spike in Board charges dealing with issues over Facebook and other forms of social media. The Board's Regional Directors stressed that its recent interest in social-media cases was nothing new, even if a lot of the cases are cropping up in non-union environs.

“We've had jurisdiction since way back when over nonunion workforces,” [a Board Regional Director] said, pointing to the U.S. Supreme Court's 1962 decision in NLRB v. Washington Aluminum Co., which affirmed the labor board's ruling that firing nonunion workers who walked out of a machine shop because it was too cold violated the NLRA.

The panel further discussed the D.C. Circuit's recent Noel Canning ruling, which has thrown the Board's authority to act into doubt. Since the D.C. Circuit held that the Board had been improperly constituted back in January, 368 contested decisions have been issued. Clearly, we will keep you posted as to both the social media issue and the Noel Canning fallout.

HELP Committee Set to Consider Board NomineesSam Hananel of Yahoo!News reports that President Obama's nominees to the National Labor Relations Board will appear before a Senate committee confirmation hearing today. If no new nominees are confirmed, the Board will fall below a quorum to act in August, when current Chairman Mark Pearce's appointment expires.

Following today's hearing, the Senate's Health, Education, Labor, and Pensions Committee (HELP) is expected to vote on the nominees next week. The fight is expected to be quite partisan, as Republicans have been railing against what they believe to be an out-of-control Board. We will certainly keep you posted as the situation unfolds.

Nurses at San Jose Hospitals Set to StrikeSandy Kleffman of the Mercury News reports that several hundred nurses at two San Jose, California hospitals are set to strike at the end of this month. The strike comes in the midst of lengthy contract negotiations between the nurses, represented by the California Nurses Association, and the Hospital Corporation of America. The main sticking points between the parties involve wages, benefits, staffing levels, and pensions. We will keep you posted as the strike deadlines moves closer.

@LRToday Morning Round-Up: May 15, 2013

Fight for $15 Comes to MilwaukeeJosh Eidelson of The Nation reports that, as of 6:00am central time this morning, hundreds of fast food restaurant employees in Milwaukee, Wisconsin are expected to walk off the job. The employees are holding the one-day strike in order to protest substandard wages. The movement, known as the Fight for $15, is exactly what it sounds like: the strikers are attempting to raise their wages to at least $15 an hour, which they consider to be a living wage.

“We know that if we were to raise the wages of those workers, it would mean not only economic security for their families, but economic security for a city that’s been devastated by de-industrialization, devastated by a jobless rate for African-American men of over 55%," commented an affiliate of the campaign.
Fast-food management officials were generally unavailable for comment. However, a McDonalds official stressed that the restaurant provides competitive wages and "training and professional development" opportunities. As this is the 5th major city to be hit by the Fight for $15 in the past six weeks, do not expect this movement to go away anytime soon. We will certainly keep you posted.
 
Cleveland School Board Gives Okay to Deal with Teachers' UnionNewsnet5.com reports that the Cleveland Metropolitan School District Board of Education met last night to preliminarily agree to a deal with the Cleveland Teachers' Union over a new contract between the parties. Union members are expected to vote on the proposed agreement before the end of the month.
"This ground-breaking agreement paves the way for shared ownership in building a high-quality education system,” said union president David Quolke in a news release. “The new agreement also rewards and recognizes the hard work teachers do by aligning teacher compensation with components and practices needed to improve teaching and learning.”
Details of the tentative deal were not released Tuesday. The parties had been engaged in contract talks for months and recently sought the assistance of a fact-finder. We will keep you posted as to whether the full union ratifies the new deal.
 
Bobcats Exec Touted as Next Head of NBAPAErik Spanberg of the Charlotte Business Journal writes that Charlotte Bobcats President Fred Whitfield's name is being bandied about as the next head of the NBA Players' Association (NBAPA).

“A couple of people have mentioned to me I potentially might be a good candidate for this role, but no one has mentioned it to me in an official way,” he told SportsBusiness Journal.

The former head of the NBAPA, Billy Hunter, was fired by the players in February after a scandal involving allegations of nepotism bubbled up. A Bobcats official could not be reached for comment.

@LRToday Morning Round-Up: May 14, 2013

Walmart Brings Suit Against Two Unions for 'Disorderly Conduct'The Huffington Post reports that  Walmart has filed suit against the United Food and Commercial Workers (UFCW) and OUR Walmart, alleging that both unions engaged in disorderly conduct by trespassing, confronting store managers, and blocking customer traffic, as well as several other claims.

Interestingly, Walmart workers are not organized for the purpose of collective bargaining or representation. However, OUR Walmart, with the help of the UFCW, has been attempting to organize Walmart's staff for the last several months. We will keep you posted as this story, and this lawsuit, move forward.

Chicago Teachers' Union to Protest School ClosuresTonya Francisco of WGNTV.com writes that the Chicago Teachers' Union (CTU) will stage three days' of protests in order to try to stop the closure of 54 "failing schools." The protests are set to begin Saturday. CTU is also expected to lobby state lawmakers to put the school closures on hold for the time-being. CTU has expressed that its main concern is the safety of the school children, some of whom would be forced to walk through gang-territory to get to their new school should the city go ahead with the closures. We will certainly keep you posted as this story develops further.

Vermont Reaches Agreement with State Troopers' Union Over New ContractThe Rutland Herald reports that the union representing Vermont State Troopers has reached an agreement with officials representing the state of Vermont over a new contract between the parties. While there will not be an across-the-board pay increase, unionized troopers will receive salary increases. The contract must still be ratified by the troopers, but ratification is considered a formality at this point. The current contract between the parties is set to expire June 30 of this year.

@LRToday Morning Round-Up: May 13, 2013

Dr. Pepper Workers Wait for Vote ResultsJim Winburn of the Victorville Daily Press reports that workers employed by the Dr. Pepper Snapple Group in Southern California voted last Friday on whether to be represented by a union for the purposes of collective-bargaining. The workers, employed at the Southern California Logistics Airport outside of Los Angeles, could vote to be represented by the International Association of Machinists and Aerospace Workers, the International Brotherhood of Teamsters, or to remain unrepresented. Official results might not be released by the National Labor Relations Board until the end of the week. We will certainly keep you posted.

Union Election at Precision Castparts to Go Forward Next MonthThe Seattle Times reports that next month, more than 2,000 employees at Precision Castparts in Oregon will vote on whether to be represented by the International Association of Machinists and Aerospace Workers for the purpose of collective-bargaining and representation. The election only involves production and maintenance staff, but does not include clerical workers or other professionals. We will keep you posted as to the results of next month's election.

Miami Cafeteria Workers Join SEIUMargaux Herrera of the Miami Herald reports that cafeteria workers at the University of Miami have voted to join the Service Employees International Union (SEIU) for the purpose of collective bargaining. The unit, set to include about 320 members, voted to join branch 32BJ of the union. The SEIU will now bargain with Chartwells, the outside provider employed by UM to do food-service work. We will keep you posted as negotiations between the parties get rolling.

@LRToday Morning Round-Up: May 10, 2013

6th Circuit Blesses Michigan's Public Act 53Sindhu Sundar of Law360 ($$) writes that yesterday, the Sixth Circuit reversed a lower court's granting of a temporary injunction, holding that Public Act 53, a bill out of Michigan that would bar unions from automatically deducting union dues from teachers' paychecks, is not violative of the First Amendment. The court reasoned that unions cannot depend on automatic payroll deductions to finance their brand of speech.

“So Public Act 53 does not restrict speech; it does not discriminate against or even mention viewpoint; and it has nothing to do with a forum of any kind,” the opinion said. “Instead, the Act merely directs one kind of public employer to use its resources for its core mission rather than for the collection of union dues. That is not a First Amendment concern.”

Judge Jane Stranch dissented, writing that the Michigan legislature clearly enacted Public Act 53 in order to check the growing power of labor unions. The matter will now be remanded to the lower court for a trial on the merits. We will certainly keep you posted as the case moves towards a resolution.

"Fight for $15" Hits Detroit Fast-Food RestaurantsJosh Eidelson at The Nation writes that this morning, fast-food workers at more than 60 restaurants in Detroit, MI are expected to walk off the job in protest of substandard wages and working conditions. The action, known colloquially as the "Fight for $15," is a grassroots movement organized primarily by the Service Employees International Union (SEIU) and its stated goal is to raise the minimum wage to $15 per hour. A CUNY labor professor, commenting on the matter, believes that the protest actions will only serve to spur more protests, which could lead to an industry-wide increase in wages.

 “After what I would consider well over three decades of wage suppression, workers in this particular industry - and then I think it’ll go to others - are realizing that their only way up the wage ladder is through their own organizations,” CUNY labor studies lecturer Ed Ott said Wednesday.

So far this morning, a Detroit McDonalds was forced to shut down when over 20 of its workers walked out and joined the "Fight for $15." Interestingly, McDonalds had attempted to bring in strikebreakers, but those strikebreakers also ended up walking out in protest and joining the strikers. This is certainly not the last we've heard from the "Fight for $15" campaign. We will be following it and will keep you posted as it crops back up.

San Francisco Ballpark Concession Workers Call for Strike Authorization VoteThe San Francisco Gate reports that concession workers at AT&T Park in San Francisco, represented by Unite Here!, have called for a strike authorization vote. The vote, set to occur Saturday, was called after workers became increasingly unhappy over the lack of progress in negotiating a new collective-bargaining agreement with management officials. The more than 750 employees classified as concession workers have been without a contract for the past three years.
 

@LRToday Morning Round-Up: May 9, 2013

UMW Student Protests Shut Down Palermo's PizzaMilwaukee Business News reports that student sit-ins and protests concerning a Palermo's Pizza stand on campus at the University of Milwaukee-Wisconsin (UMW) have led to the stand's closure. This past Tuesday, about 40-50 students gathered outside the stand, yelling, "No justice, no pizza," in support of Palermo's workers, who the students believe have been treated unfairly by the pizza company. The students dispersed when a UMW official announced that the stand would be shut down.

Palermo's has been in the news a good deal recently, with the National Labor Relations Board clearing the company of all major charges on April 29 after a union representing workers at Palermo's had filed unfair labor practice charges against the company.

Board Settles ULP Charges With Trojan LaborBobby Allyn of the Tennessean writes that this past Monday, the National Labor Relations Board finalized a settlement with Trojan Labor. Trojan had been in hot water for the past few months after an employee filed unfair labor practice charges with the Board, alleging that Trojan had engaged in illegal surveillance by sending management officials to union organizing meetings.

The settlement document does not identify any individuals, nor does it state whether any illegal activity actually took place. Trojan will most likely remain in the news for the foreseeable future, particularly because its employees are also in the process of filing a federal suit for unpaid regular and overtime wages. We will certainly keep you posted.

Columbia Adjunct Professors on Verge of StrikingKari Lydersen of In These Times reports that adjunct faculty at Columbia College in Chicago, Illinois are teetering on the edge of striking. While an authorization vote has yet to take place, informal polling among union members shows that between 80-90% of adjunct faculty would support such a strike. The adjuncts are hoping to avoid a strike, but are looking for a greater share of wages and benefits. The union president has taken the view that, if a strike is what gets the administration's attention, then the strike will have to go forward. We will keep you posted as to whether the adjuncts actually vote to authorize the strike.

@LRToday Morning Round-Up: May 8, 2013

Board Finds CalTech Scientists' Emails Protected ActivityDan Prochilo of Law360 ($$) writes that Monday, a National Labor Relations Board Administrative Law Judge issued a decision holding that emails sent out by scientists at the California Institute of Technology (CalTech) ripping the University for creating a background check policy were protected communications under the National Labor Relations Act. The ALJ further held that CalTech's issuance of warning letters to the scientists was thus violative of the Act and that those warning letters would have to be removed from the scientists' permanent records.

CalTech had attempted to argue that the scientists' emails violated the university's anti-spam policy and further violated its policy against using university computers for political speech. However, the judge quickly dismissed that argument, holding that CalTech could not simply label the scientists' emails as political speech in order to escape the strictures of the Act.

Further, the judge opined that CalTech had allowed various other spam messages or email blasts to cross its system without reprimanding the sender, so it should not have punished the scientists for doing the same thing. If this case is appealed to the full Board, we will be following it to its conclusion. We will certainly keep you posted.

Adjunct Profs at Georgetown Join SEIUJulia Tanaka of the Georgetown Voice reports that last weekend, adjunct professors at Georgetown University voted in favor of being represented by the Service Employees International Union (SEIU) for the purpose of collective bargaining. The election, conducted by agents of the National Labor Relations Board, saw a little less than half of the professors vote, with 72% of those voters casting their ballot in favor of unionization. The director of the SEIU praised both the professors and Georgetown administration for waging a respectful campaign.

“This was a respectful process between the union and Georgetown University,” he said. “The administration made a point of putting their social teaching into practice … I hope that other institutions will look at how Georgetown put its just employment policy into practice and that they will view this as a model for how universities should handle organizing campaigns.”

The Georgetown adjuncts are following in the footsteps of American University and George Washington University adjuncts, who have both voted to be represented by the SEIU in the past year. We will keep you posted as to whether any party objects to the election's results.

UC Hospital Workers Give Union OK To StrikeCBS San Francisco reports   that hospital workers at University of California hospitals have voted in favor of authorizing a strike in the midst of faltering contract negotiations. The hospital workers, represented by the American Federation of State, County, and Municipal Employees (AFSCME) overwhelmingly approved the strike authorization, with 97% of voters casting pro-strike ballots. The hospital workers have been working without a contract since October of last year.

A UC official addressed the strike vote, stating that AFSCME was attempting to deflect attention away from the fact that the workers are vehemently opposed to pension reforms that other unions have already approved. We will certainly be watching this story and will keep you posted as to any developments.

D.C. Circuit Vacates NLRB's Notice Posting Rule

Today a three-member panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the National Labor Relations Board's notice-posting rule issued by the Board in August 2011. Under the NLRB's notice-posting rule, all private-sector employers subject to the National Labor Relations Act would be required to post a notice to employees informing them of their rights under the Act. The court struck the rule because it found that two of the rule's enforcement mechanisms violated employers' free speech under Section 8(c) of the National Labor Relations Act, and that the third enforcement mechanism violated the Act's limitations period in Section 10(b) for filing unfair labor practice charges. 

Shortly after the rule was promulgated, employer groups filed suit challenging it, and the Board initially postponed implementation until April 30, 2012. On Friday, March 2, 2012, in National Association of Manufacturers v. NLRB, Case No. 11-CV-1629 (D.D.C. Mar. 2, 2012), the District Court struck down certain elements of the rule, but held that the NLRB did have the authority to require private-sector employers to post these notices, and that the NLRB could consider an employer's "knowing and willful" failure to post the notice as evidence of an unlawful motive. The plaintiffs challenging the rule appealed that decision to the D.C. Circuit Court of Appeals.

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@LRToday Morning Round-Up: May 7, 2013

Board Orders USPS to Turn Over Test Scores to UnionDan Prochilo of Law360 ($$) writes that last Thursday, the National Labor Relations Board ordered the United States Postal Service to turn over the results of an aptitude test to union officials who were investigating potential improper hiring practices. The Board held that the union's stated goal of acting as hiring watchdog should be given priority over an employee's right to privacy.

"We find that the balance of interests favors requiring a limited disclosure to the union," the NLRB wrote, saying the union's need to see the scores in order to determine whether the USPS had broken its collective bargaining agreement with workers outweighed any damage that could be inflicted on the test takers through the publication of their scores.

The Board reasoned that the union had no plausible way of investigating the Postal Service's hiring practices without the test scores. Furthermore, the Board provided that the release of the test scores would not have a detrimental effect on the individual employees because they had all performed "exceptionally well." Neither party responded to requests for comment.

Proposed MN Law to Create Unions for Personal Attendants Stalls in CommitteeKare11.com writes that a proposed bill that would allow personal care attendants and home day-care owners to form unions has hit an impasse in the Minnesota State Senate. The proposed legislation, a major priority for local union leaders, would have led to votes by employees as to whether to organize. Members of the Senate Finance Committee stated that they expected the bill to come up again with some revised language. We will certainly keep you posted as the bill moves through the legislative process.

Columbia Grain Locks Out ILWU WorkersThe Portland Business Journal reports Columbia Grain, a major grain operator working in the Portland area, has locked out International Longshore and Warehouse Union (ILWU) members as of this past weekend. Columbia alleges that the ILWU workers have engaged in a slowdown at the Port of Portland Grain Elevator because the employees have been working without a contract since September 30 of last year. We will keep you posted on any developments.
 

@LRToday Morning Round-Up: May 6, 2013

Board Reinstates Worker Fired Over Facebook PostingsAbigail Rubenstein of Law360 ($$) reports that last week, the National Labor Relations Board (NLRB) affirmed an Administrative Law Judge's decision to reinstate a New York City Tour Guide who was fired by his employer for posting about the company on Facebook. The employee, surprisingly, did not actually direct any of his Facebook postings to his fellow co-workers. Instead, the Board found that merely writing about his union organizing activity was enough to bring his postings under the protections of the National Labor Relations Act.

"In particular, we affirm the judge's finding that those communications constituted union activity, even if directed to tour guides of other New York City companies," the NLRB's decision said. "The Feb. 11 communications were an obvious continuation of Pflantzer's prior organizational activity, activity which was known to [New York Party Shuttle]."

The company had attempted to argue that the employee's postings could not be protected because they were libelous. However, the Board found that the employee's posts about checks bouncing were largely true. As such, his missives remained protected, even though they were not explicitly directed to his coworkers.

While the Board's view of social media is still evolving, this case represents a good lesson for employers. Firing an employee over a Facebook post could easily land a company in hot water with the current Board, who seem intent on protecting a wide swath of employee communications.

Teachers File ULP Charges After Lackawanna Declares ImpasseSteve McConnell of The Scranton Times-Tribune reports that Pennsylvania's largest teachers' union has filed unfair labor practice charges against Lackawanna College. The teachers' union, representing the college's faculty, has been at odds with the University ever since negotiations began over a new contract between the parties. Earlier this year, Lackawanna declared impasse after more than two years of negotiations and imposed its last best offer on the faculty.

The contract imposed upon the faculty guarantees full health care benefits for teachers and their families for the first two years of the new contract. However, employees would have to pay increased premiums in the remaining three years. We will certainly keep you posted as this matter moves forward.

Patriot Coal Employees Threaten to StrikeThe JD Journal reports that an attorney for workers at Patriot Coal were prepared to go on strike if Patriot Coal cannot agree on a new contract with the union representing the employees. Patriot Coal, currently in Bankruptcy proceedings, has been attempting to void its contract with the United Mine Workers of America in order to make cost-saving labor cuts. The CEO of Patriot Coal called the attorney's comments "ill conceived." 

“It’s a poor time to be throwing out threats,” referring to the comments of the union’s attorney.

Patriot has been attempting to cease pension contributions as well, but has proposed to give the union a 35% equity stake in the company. We will keep you posted as bankruptcy proceedings move forward.

@LRToday Morning Round-Up: May 3, 2013

Board ALJ Slams Western Refining for ULPsBen James of Law360 ($$) writes that yesterday, a National Labor Relations Board Administrative Law Judge (ALJ) ruled that Western Refining Inc. had violated the National Labor Relations Act (NLRA or the Act) by maintaining a "widespread and flagrant" anti-union campaign. The ALJ found that Western began violating the Act as soon as management officials got word of its employees' intent to begin organizing.

“Here, as soon as respondent learned that its employees were once again embarking upon union organizing efforts, it commenced a widespread and flagrant campaign designed to derail those efforts. Respondent interrogated its employees at numerous terminals in New Mexico and Texas about their union activities, threatened numerous employees with discipline if they talked about the union with fellow employees at work, while at the same time it permitted hired labor consultants and anti-union employees to solicit petitions against the union,” the decision said.

The ALJ also ruled that, since the violations were numerous and serious, a company official would have to read the notice accompanying the decision aloud to Western's employees. Neither party commented for the story.

ILWU, United Grain Square Off at Port of VancouverAaron Corvin of the Columbian reports the International Longshore and Warehouse Union (ILWU) has begun lobbing unfair labor practice charges against United Grain. The dockworkers, represented by the ILWU and employed at the Port of Vancouver in Washington State, allege that several union members were illegally fired for refusing to operate a piece of equipment they believed to be unsafe.

The two sides have been engaged in a heated battle since United Grain locked out 44 ILWU workers in the middle of contract negotiations. With United Grain now employing replacement workers, tensions are not expected to lessen anytime soon. We will keep you posted with regards to the ULP charges and the continuing contract negotiations.

SEIU Victorious at KaiserChad Terhune of the Los Angeles Times reports that last night, the Service Employees International Union (SEIU) United Healthcare Workers West won an election to become the exclusive bargaining representative for Kaiser Permanente employees in California. Interestingly, the SEIU had to fend off a serious challenge from the National Union of Healthcare Workers in order to be chosen as the Kaiser employees' representative. SEIU now represents approximately 45,000 employees at Kaiser, which an SEIU official characterized as the largest private-sector election since a Ford Motor Co. election in 1941.