Labor Relations Today

Labor Relations Today

Category Archives: Card Check

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Labor Relations Today Issues ‘Labor Law 2015: Year in Review’

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, Bush Board Reversal, Card Check, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Law 2015: A Year In Review. For most of 2015, the National Labor Relations Board consisted of five members and the general counsel — all Senate-confirmed. This Board and the White House continued aggressive efforts to overhaul traditional labor law administratively,… Continue Reading

More About Sen. Bernie Sanders’ Card Check Proposal

Posted in Card Check, EFCA, Interest Arbitration, Legislation, NLRA, Representation Elections, Senate, White House
On Tuesday, presidential candidate and current Senator Bernie Sanders (I-VT) announced that he, and ten Senate co-sponsors, would introduce the Workplace Democracy Act (S. 2142). The bill — a verbatim reiteration of two provisions of the Employee Free Choice Act in the 110th & 111th Congresses — would: certify a union as the exclusive bargaining… Continue Reading

Senator Sanders (I/D-VT) Re-Introduces Employee Free Choice Act

Posted in Card Check, EFCA, House of Representatives, Interest Arbitration, Legislation, NLRA, Remedies, Representation Elections, Senate, White House
At a press conference on the afternoon of Tuesday, October 6, 2015, Democratic presidential candidate Senator Bernie Sanders of Vermont announced that he and Rep. Mark Pocan (D-WI) would introduce the “Workplace Democracy Act” (S. 2142, H.R. 3690). This bill would amend the National Labor Relations Act to facilitate union organizing by requiring certification based on “card check” —… Continue Reading

State of the Union: Southern Style

Posted in Card Check, NLRA, Representation Elections, Unions
Last week the United Auto Workers suffered a highly publicized defeat at a Volkswagen plant in Chattanooga, Tennessee, with employees voting against union representation by a vote of 712 to 626. The union election was significant and closely watched for many reasons, but chiefly because it was the UAW’s first opportunity to create an European-style… Continue Reading

@LRToday Morning Round-Up: January 21, 2014

Posted in Card Check, Federal Court Litigation, Media Round-Up, Negotiations, NLRB Misc., Representation Elections, Unfair Labor Practices, Unions
Del Monte Pushes For Dismissal Of Torture Case: Nathan Hale of Law360 ($$) writes that last Friday, Fresh Del Monte Products argued that the Eleventh Circuit Court of Appeals should affirm the dismissal of a claim brought by union leaders claiming they were tortured in Guatemala.  In pertinent part, the company contended that the case should… Continue Reading

Supreme Court Hears Argument on Legality of Neutrality Agreements

Posted in Card Check, Corporate Campaigns, Federal Court Litigation, NLRA, Representation Elections, SCOTUS
Yesterday the Supreme Court heard oral argument in UNITE HERE Local 355 v. Mulhall involving the issue of whether the Labor-Management Relation Act’s prohibition on employers from providing a union with any "thing of value" extends to the promises an employer makes in a neutrality agreement. Last year the Eleventh Circuit held that "organizing assistance… Continue Reading

@LRToday Morning Round-Up: September 25, 2013

Posted in Card Check, Legislation, Media Round-Up, NLRA, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Wisc. Unions Fighting New Labor Law: Ben James of Law 360 ($$) writes that yesterday, the Wisconsin Education Association Council, in conjunction with five other unions, filed a motion in Wisconsin state court seeking to hold Wisconsin state officials in contempt for implementing a portion of the state’s labor law.  The controversial law, enacted in 2011… Continue Reading

Supreme Court to Decide Legality of Neutrality Agreements, Dynamics of Union Organizing Hang in the Balance

Posted in Card Check, Corporate Campaigns, Federal Court Litigation, Negotiations, NLRA, Representation Elections, SCOTUS
The Supreme Court agreed earlier this week to consider whether the Labor-Management Relations Act’s prohibition on employers from providing a union with any "thing of value" extends to the promises an employer makes in a neutrality agreement. Section 302 of the Labor-Management Relations Act, the federal labor anti-bribery statute, makes it unlawful for an employer… Continue Reading

“Mini-Super Tuesday” Fallout for Card Check

Posted in Card Check, EFCA, Filibuster, Senate
The early results are in from yesterday’s primary contests, and this morning’s talking points focus on the general anti-incumbent trend.  But others, including NAM’s ShopFloor.org, have also noted it was a "Tough Night for the Card Check Crowd." Chief among the figures central to the long-winding evolution of the Employee Free Choice Act is five-term Democrat-turned-Republican-turned-Democrat Senator Arlen… Continue Reading

Southern Dem Senators on EFCA

Posted in Alternative Labor Law Reform, Card Check, EFCA
National Journal reports on last night’s debate between Senator Blanche Lincoln (D-AR) and her primary challenger Lt. Gov. Bill Halter (D-AR): Halter went on offense first against Lincoln during a question about the Employee Free Choice Act, which is often referred to as "card check." He mentioned that she first sponsored EFCA, then opposed it and… Continue Reading

SEIU’s Anna Burger Suggests Reconciliation, NLRB Rule-Making to Push EFCA

Posted in Card Check, Corporate Campaigns, EFCA, Expedited Elections, House of Representatives, Legislative Strategy, Senate
Following Andy Stern’s surprising announcement that he would step down as President of SEIU, his protege, Secretary-Treasurer Anna Burger and California-based labor leader, Mary Kay Henry seek to succeed him.  This weekend, in a memorandum to the union’s International Executive Board, Ms. Burger laid out her vision for the priorities she would have the union pursue.  Listed within the first: Use… Continue Reading

Pundits Continue To Weigh In On Becker Nomination, EFCA Angle

Posted in Alternative Labor Law Reform, Card Check, EFCA, Filibuster, Legislative Strategy, Senate
In advance of a probable filibuster (with growing support) over Craig Becker’s nomination to the National Labor Relations Board, Glen Spencer of the U.S. Chamber’s Workforce Freedom Initiative and former Clinton-Gore advisor Peter Mirijanian swapped commentary on Fox News earlier today: Watch the latest news video at video.foxnews.com The anchor led with the angle that… Continue Reading

Debate Over Becker Nomination, Potential Impact of EFCA Provisions, Continues

Posted in Beyond EFCA: Labor's Agenda, Card Check, EFCA, Interest Arbitration, Legislative Strategy, NLRB, Remedies, Senate, White House
The Senate Health, Education, Labor & Pensions (HELP) Committee is scheduled for an executive session tomorrow to consider pending nominations by the President.  The Hill reports today, however,  that a spokeswoman for HELP Committee Chairman Tom Harkin (D-Iowa) said the Committee will not be considering the re-nomination of Craig Becker to the NLRB this week.  Nonetheless, business groups continue to ramp up their opposition to… Continue Reading

EFCA Debate Likely to Resume in 2010

Posted in Alternative Labor Law Reform, Card Check, EFCA, Expedited Elections, Interest Arbitration, Legislative Strategy, Remedies, Senate
Back in August, AFL-CIO President (then Treasurer-Secretary) Richard Trumka told a webchat audience that efforts to pass the Employee Free Choice Act would probably not advance any further until after Congress was through with healthcare reform.  As the debate over the healthcare legislation soldiers on, Tuesday’s Politico noted "For labor, there’s always next year": To be sure, health care reform has… Continue Reading

Colorado Supreme Court: State “Secret Ballot” Initiatives May Proceed

Posted in Card Check, EFCA
State Bill Colorado and Boulder’s Daily Camera report that on Tuesday, the Colorado Supreme Court ruled that three state ballot initiatives opposing provisions of the federal Employee Free Choice Act may proceed under state law.  The Court held that consideration Initiatives 22, 23 and 24, which would amend the Colorado Constitution to preserve the right to… Continue Reading

The Hill: Dem Senators Back Off Specter’s Announcement of EFCA Deal

Posted in Card Check, EFCA, Expedited Elections, Filibuster, Interest Arbitration, Legislative Strategy, Remedies, Senate
Kevin Bogardus of The Hill remains one of the most active reporters on the status of the Employee Free Choice Act.  His piece this morning compiles the commentary of numerous Democrat lawmakers seeking to mitigate Senator Arlen Specter’s (D-PA) assurances to the AFL-CIO that an alternative EFCA bill had been finalized and would pass in 2009. … Continue Reading

Senator Specter to AFL-CIO: We’ll Pass Bill For Quick Elections, Union Access, Baseball Arbitration and Triple Penalties Against Employers in 2009

Posted in Card Check, EFCA, Expedited Elections, Filibuster, Interest Arbitration, Legislative Strategy, Remedies, Senate, Special Interests
During the past few days a virtual parade of high-ranking Democrats have addressed the AFL-CIO constitutional convention to pledge support for organized labor and the Employee Free Choice Act.  President Obama, Secretary of Labor Hilda Solis, Senate Majority Leader Harry Reid (D-NV), and House Speaker Nancy Pelosi (D-CA) have all spoken to the assembled union… Continue Reading

NY Times: Sweeney, Trumka and Bonior on Card Check and EFCA

Posted in Card Check, EFCA, Legislative Strategy, Special Interests
In today’s New York Times, labor reporter Steven Greenhouse has a piece compiling comment from various recent interviews with prominent American labor leaders on the status of the Employee Free Choice Act.  From a talk with AFL-CIO President John Sweeney: In an interview, John J. Sweeney, the federation’s president, said he would accept a fast election campaign… Continue Reading

Citizen to Senator Specter: “That’s High Pressure Salesmanship”

Posted in Card Check, EFCA, Expedited Elections, Interest Arbitration, Legislative Strategy
While Healthcare Reform seems to be dominating both the news cycle and the public consciousness recently, there are apparently still at least a few citizens concerned about EFCA.  At a town hall meeting earlier today, Senator Arlen Specter (D-PA) was met by a man who passionately expressed frustrations about EFCA.  (See video below.)  The Senator’s… Continue Reading

More on Card Check “Lite” from Commentary, kausfiles and ShopFloor

Posted in Alternative Labor Law Reform, Card Check, EFCA, Expedited Elections, Interest Arbitration
More following Friday’s New York Times report that Senate Dems are considering dropping card-check from EFCA, but retaining the troubling mandatory interest arbitration provision.  At Commentary, Jennifer Rubin continues her coverage of EFCA developments, expressing skepticism that any such "compromise" would fly:  If there is such a deal, those Red state Democrats will be back on… Continue Reading

NYT Report on the Demise of Card Check: Accurate Report or Leaked Trial Balloon?

Posted in Card Check, EFCA, Expedited Elections, Legislative Strategy
Was a New York Times report yesterday about the demise of card check — Section 2 of the Employee Free Choice Act — entirely accurate, premature or something different altogether? At the TAPPED blog, Tim Fernholz of progressive journal The American Prospect asks: As an inside-baseball side note, I’m interested in why Steve Greenhouse, the Times labor reporter,… Continue Reading

MN Court Declares Franken Winner of Senate Seat; Coleman Concedes; What’s Next for EFCA?

Posted in Card Check, EFCA, Filibuster, Senate
The Minneapolis Star Tribune and CBS report that the Minnesota Supreme Court has affirmed the trial court decision declaring Al Franken (D) the winner of last year’s Senate election: "We affirm the decision of the trial court that Al Franken received the highest number of votes legally cast" in the election, the decision states. The justices also explicitly… Continue Reading

AFL-CIO Official Undermines Argument for Card Check, Mandatory Arbitration

Posted in Card Check, EFCA, Interest Arbitration
Today’s Chamberpost blog carries commentary on a series of somewhat embarassing admissions by the Director of Collective Bargaining for the AFL-CIO that undermine the coalition’s main talking points in favor of the Employee Free Choice Act: … According to Daily Labor Report, the labor conglomerate’s director of collective bargaining, Gordon Pavy, told a policy forum that the… Continue Reading

Sen. Specter Tells PA Dem Committee, Labor: “You’ll Like My Vote”

Posted in Card Check, EFCA, Interest Arbitration
The latest on EFCA swing-vote Sen. Arlen Specter via the Allentown Morning Call‘s Pennsylvania Avenue blog: Sen. Arlen Specter, addressing a crowd of union activists outside of the Democratic Committee meeting in Pittsburgh on Saturday, urged them to look at the breadth of his job-producing past and votes alongside labor when considering who they’ll back… Continue Reading