5th Circuit Nixes Board Ruling: Daniel Wilson of Law360 ($$) writes that this past Monday, the 5th Circuit Court of Appeals reversed a National Labor Relations Board decision that had held that a trade group had unlawfully discriminated against union members. The 2-1 decision by the 5th Circuit explicitly held that the Board's decision violated due process because the Board changed its theory of liability at the appeals stage.
By facing a wider theory of liability than it had reasonably expected, involving different standards of proof than the theory it had prepared to defend against, IECH had been placed in a “no-win” situation, the panel majority ruled.
A short dissent noted that the trade group had waived its defenses by not seeking reconsideration of the Board's decision. Neither party immediately responded to requests for comment.
CWA to Launch Attack Ads on Cablevision: Laura Kusisto of the Wall Street Journal reports that starting tonight, the Communications Workers of America (CWA) is planning to kick off a massive public relations campaign in newspaper and television ads in support of its workers' dispute with Cablevision. Interestingly, the dispute has garnered a great deal of attention from New York City's mayoral candidates, with most major Democratic candidates rallying around the union.
The dispute began not long after Cablevision workers voted to unionize in early 2012. This past winter, 22 workers lost their jobs when they attempted to strike. However, a Cablevision spokesman noted in a short statement that all of the terminated strikers have been rehired.
This dispute is already ugly and is getting louder very quickly. We will certainly keep you posted as the parties work through their issues.
Kansas Teachers Vote to Decertify: James Sherk and Michael Cirrotti of The Foundry report that teachers in Deerfield, Kansas have voted to no longer be represented by the Kansas National Education Association (KNEA) for the purpose of collective representation. The teachers had to cut through a lot of red tape in order to even hold a decertification vote, but they believe it was worth it.
“The desire is for teachers to participate at the [bargaining] table, to have free access to information,” [a leader of the decertification campaign] said. “In our little school district, there’s no reason we can’t sit down at the table and work out our issues.”
A spokesperson for the National Education Association did not comment for the story. This story is noteworthy primarily because public-sector teachers rarely attempt to decertify. Despite middling levels of discontent regarding public-sector unions in general, this decertification vote most likely does not signal the start of a trend. However, we will certainly be watching this issue and will keep you posted.