Labor Relations Today

Labor Relations Today

Monthly Archives: October 2012

@LRToday Morning Round-Up: October 31, 2012

Posted in Media Round-Up
"Politics and the strength of the NLRB": Marc Bloch does a guest blog post for Crain’s Cleveland Business in which he states that regardless of who wins the presidential election, "there will likely be little impact in the immediate future on the momentum that the NLRB has gained."  Because of the length of member terms, changes … Continue Reading

NLRB ALJ Relies Upon D.R. Horton to Find Waiver of Class Claims Unlawful

Posted in NLRB Decisions, Unfair Labor Practices
A National Labor Relations Board administrative law judge found that an employer violated Section 8(a)(1) of the National Labor Relations Act by: 1) requiring applicants to waive their right to bring class claims, and 2) opposing an employee’s class and collective allegations based upon that waiver. In Convergys Corporation, NLRB Case Nos. 14-CA-075249 (Oct. 25, … Continue Reading

@LRToday Morning Round-Up: October 30, 2012

Posted in Media Round-Up
NLRB Defends Recess Appointments: Abigail Rubenstein of Law360.com ($) reports that the National Labor Relations Board asked the D.C. Circuit Court of Appeals to reject an employer’s claim that the president’s recess appointments to the NLRB were invalid because the Senate was not truly in recess at the time. The NLRB argues that the Senate was … Continue Reading

@LRToday Morning Round-Up: October 29, 2012

Posted in Media Round-Up
NLRB on Facebook "Likes" and Micro-Unions: Ben James of Law360.com ($) writes two stories addressing comments by the National Labor Relations Board’s Chairman Mark Pearce. The first piece states that, according Chairman Pearce, that there are two pending cases before the NLRB in which the Board may decide whether an employee is protected by the National Labor Relations Act … Continue Reading

NLRB Contracts With FMCS For Mediation Assistance

Posted in NLRB Administration
The National Labor Relations Board announced this week that it has contracted with the Federal Mediation and Conciliation Service (FMCS) to provide mediators for the Board’s voluntary alternative dispute resolution (ADR) program. The Board boasts a 60% settlement rate via its ADR program since its initiation in 2005. The Board has historically used its own … Continue Reading

National Labor Relations Board Rules Employer Has Duty To Respond To Union Requests For Presumptively Relevant Information

Posted in NLRB Decisions
On October 23, 2012, in IronTiger Logistics Inc., 359 NLRB No. 13, the National Labor Relations Board held 2-1 that employers have a duty to respond in a timely manner to Union requests for information, even when the information sought is irrelevant to the Union’s representation of the employees. The case involved two transportation firms, … Continue Reading

@LRToday Morning Round-Up: October 25, 2012

Posted in Media Round-Up
Sensata Workers Filed Unfair Labor Practice Charges: UPI.com reports that Sensata Technologies Inc. workers filed unfair labor practice charges alleging that their employer threatened a shutdown amid protests for sending jobs to China. They also allege that the company increased security and announced a new policy prohibiting off-duty employees from entering work areas at non-work … Continue Reading

@LRToday Morning Round-Up: October 24, 2012

Posted in Media Round-Up
Kroger Employees Ratify Contracts: Susan R. Hobbs of Bloomberg BNA ($) reports that members of United Food and Commercial Workers Local 1059 have new contracts with workers covering more than 11,000 grocery clerks and meat department employees in 85 Kroger Co. stores in Ohio. The contracts provide for a 25 cent per hour increase in … Continue Reading

NLRB Holds Decertification Petition in Abeyance Despite Earlier Election With Same Charges Pending

Posted in NLRB Decisions, Representation Elections, Unfair Labor Practices
Earlier this month the National Labor Relations Board found that a Regional Director did not abuse his discretion by holding a decertification petition in abeyance pending disposition of an unfair labor practice case despite the fact that the union had requested to proceed with an earlier decertification petition while the same charges were pending. In … Continue Reading

@LRToday Morning Round-Up: October 23, 2012

Posted in Media Round-Up
NLRB and HealthBridge Face Off In Federal Court: Mara Lee of The Hartford Courant reports that the National Labor Relations Board and HealthBridge Management were back in federal court yesterday arguing about the legality of the company’s hiring of replacement workers at five unionized nursing homes. The NLRB has filed for an injunction seeking an … Continue Reading

@LRToday Morning Round-Up: October 22, 2012

Posted in Media Round-Up
Casino Petitions Supreme Court to Review NLRB Access Rule: Jonathan Randles of Law360.com ($) writes that the New York-New York Hotel & Casino petitioned the Supreme Court to review the D.C. Circuit’s acceptance of a National Labor Relations Board rule preventing property owners from expelling employees of an on-site contractor for distributing union-related handbills on their premise. … Continue Reading

Again, National Labor Relations Board Strikes Down Employer Policy Restricting Off-Duty Access to Premises

Posted in NLRB Decisions, Unfair Labor Practices
In a recent decision, Marriott International, 359 NLRB No. 8 (2012), the National Labor Relations Board continued its recent efforts to limit an employer’ s ability to regulate its employees’ off-duty access to work areas.  For the third time in a year, the Board has expanded on existing case law to find that an employer’s access … Continue Reading

@LRToday Morning Round-Up: October 18, 2012

Posted in Media Round-Up
California Warehouse Operator Faces New ULPs: Lilly Fowler writes for NBCNews.com that NFI, a California warehouse operator, faces new unfair labor practice allegations just months after settling other claims. NFI is accused of retaliating against workers who joined a 15-day strike protesting unsafe working conditions and previous acts of retaliation. Striking Workers Asked to Leave Employer’s … Continue Reading

@LRToday Morning Round-Up: October 17, 2012

Posted in Media Round-Up
Casino Workers Seek Support from City Council: MercuryNews.com reports that Casino San Pablo food service and housekeeping workers and their union petitioned the San Pablo City Council to help them in their campaign against the casino for better wages and benefits. The employer has banned some workers from entering the casino, and the workers allege … Continue Reading

NLRB Issues 341 Decisions in FY 2012

Posted in NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Representation Elections, Unfair Labor Practices
The National Labor Relations Board issued a press release today touting its work in fiscal year 2012. Between October 1, 2011 and September 30, 2012, the NLRB issued 341 decisions in contested cases – 277 unfair labor practice cases and 64 representation cases. Included in those decisions were nine of its 10 oldest decisions. By … Continue Reading

@LRToday Morning Round-Up: October 16, 2012

Posted in Media Round-Up
Reply Brief Filed in 5th Circuit Regarding NLRB Class Waiver Ban: Abigail Rubenstein of Law360.com ($) reports that D.R. Horton Inc. filed its reply brief with the Fifth Circuit in support of its appeal of the NLRB’s decision that the company’s arbitration agreement improperly bars employees from bringing class actions. In its brief, D.R. Horton asserts that … Continue Reading

Sen. Arlen Specter Dies: Opposed Cloture, Ending Viability of EFCA; Sought Alternative Reform of NLRA

Posted in EFCA, Senate
Former Senator Arlen Specter passed away on Sunday. Per the Washington Post: For most of his 30 years as Pennsylvania’s longest-serving U.S. senator, Specter was a Republican, though often at odds with the GOP leadership. His breaks with his party were hardly a surprise: He had begun his political career as a Democrat and ended … Continue Reading

@LRToday Morning Round-Up: October 15, 2012

Posted in Media Round-Up
Employer Required to Continue Annual Raises After Contract Expired: Jim Winter of THOnline.com  writes that the National Labor Relations Board found that The Finley Hospital violated the National Labor Relations Act when it, without bargaining with the union, discontinued annual pay raises after the collective bargaining agreement expired. Walmart’s Confidential Plans Revealed: Christina Wilkie and … Continue Reading

@LRToday Morning Round-Up: October 12, 2012

Posted in Media Round-Up
NLRB Finds Violation Where Employer Stopped Pension Payments to Ousted Union: Lawrence E. Dubé of Bloomberg BNA writes that the National Labor Relations Board held that an employer violated its duty to bargain with a newly certified labor union by unilaterally ceasing pension and annuity contributions to another labor union that the employees ousted. NLRB Chairman … Continue Reading

@LRToday Morning Round-Up: October 11, 2012

Posted in Media Round-Up
NLRB Dismisses Request for Injunction: Martin Bricketto of Law360.com ($) reports that the National Labor Relations Board requested the dismissal of its lawsuit to require the manager of a New Jersey condominium complex to rehire 67 employees after an NLRB administrative law judge found that the employer did not unlawfully subcontract out their work. The … Continue Reading

@LRToday Morning Round-Up: October 10, 2012

Posted in Media Round-Up
Labor Protests at Wal-Mart: Steven Greenhouse of The New York Times writes that a union spokesperson claims that protests against Wal-Mart expanded to 28 stores in 12 states on Tuesday.  Wal-Mart employees had walked off the job in Dallas, Seattle, Miami, Sacramento and Orlando, Fla., and in the Chicago and Washington areas. Tuesday’s job actions … Continue Reading

@LRToday Morning Round-Up: October 9, 2012

Posted in Media Round-Up
Alabama to Vote on Secret Ballot Amendment: Tim Lockette of The Anniston Star writes that Alabamians will vote on a state constitutional amendment that declares the secret ballot is fundamental to democracy. Amendment 7 would "provide that the right of individuals to vote for public office, public votes on referenda or votes of employee representation" … Continue Reading

@LRToday Morning Round-Up: October 8, 2012

Posted in Media Round-Up
Station Casino Ruling Not The End: Chris Sieroty of the Las Vegas Review-Journal writes that the Culintary Union’s legal victory against Stations Casinos LLC is not the end of the dispute as the union still has to campaign to get the employees to unionize. The NLRB recently affirmed an administrative law judge’s finding that the employer … Continue Reading

@LRToday Morning Round-Up: October 5, 2012

Posted in Media Round-Up
Court Voids NLRB Ruling: Jessica M. Karmasek of LegalNewsline.com writes that the U.S. Court of Appeals for the Eleventh Circuit vacated a National Labor Relations Board decision finding that a long-term care facility refused to bargain with the UFCW. At issue was the supervisory status of the employer’s LPNs under the National Labor Relations Act, with … Continue Reading