Labor Relations Today

Labor Relations Today

Category Archives: NLRA

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National Labor Relations Board Issues Complaints in 13 Cases Against Multiple Franchises and McDonald’s as Joint Employers

Posted in NLRA, NLRB Decisions, Unfair Labor Practices
In a post this morning, we noted that the Board has still not issued its decision in the Browning-Ferris case, wherein it is considering whether to preserve or discard its decades-old standard for determining “joint employment” standard.  Undeterred by the fact that the current state of the law does not support his case, the Board’s … Continue Reading

(Im)Patiently Waiting on Browning-Ferris

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
While several major National Labor Relations Board decisions came out over the last ten days, labor watchers are still waiting on the Browning-Ferris ruling with baited breath. As we have discussed previously, the Browning-Ferris decision could fundamentally alter how the Board determines whether a given entity is a “joint employer” under the National Labor Relations … Continue Reading

Member Schiffer’s Term Expires Today

Posted in NLRA, NLRB, Quick Hits
As Politico notes, National Labor Relations Board member Nancy Schiffer’s term expires today.  She will be replaced by incoming member Lauren McFerran, who was confirmed in a Senate vote on December 8 of this year. The reader may recall that member Schiffer’s term began in late summer of 2013 after Senate Democrats prevailed in the so-called “nuclear option” … Continue Reading

National Labor Relations Board Issues Final Rule Expediting Union Representation Elections

Posted in Beyond EFCA: Labor's Agenda, Expedited Elections, NLRA, NLRB Administration, NLRB Decisions, Representation Elections, Unions
On the heels of yesterday’s Purple Communications, Inc. decision, the National Labor Relations Board today has taken more significant measures to facilitate union organizing.  The Board today has announced issuance of its final rule overhauling representation election procedures to expedite union representation elections. The Board rule contains many of the same controversial measures published in … Continue Reading

NLRB Grants Employees New Right To Use Employer Email Systems For Organizing Activities

Posted in NLRA, NLRB, Unfair Labor Practices, Unions
As we previewed here earlier today, the National Labor Relations Board has issued the remainder of the Purple Communications decision. The ruling, found at 361 NLRB No. 126 (Dec. 11, 2014), in effect creates a new substantive right of employees to use an employer’s computer networks and email systems to engage in union organizing. Respondent … Continue Reading

National Labor Relations Board Creates Right of Employees to Use Employer E-Mail Networks for Union Organizing

Posted in NLRA, NLRB Decisions
With midterm elections and Senate confirmation of a fifth Board Member behind us, the National Labor Relations Board returned to the portion of the pending Purple Communications case on which it chose to pass just weeks ago.  In a Decision and Order published today, Purple Communications, Inc., 361 NLRB No. 126 (Dec. 11, 2014), the … Continue Reading

Board ALJ Hits Walmart With ULPs

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Yesterday, the National Labor Relations Board released Administrative Law Judge Geoffrey Carter’s decision finding that Walmart managers in California committed several unfair labor practices.  In pertinent part, ALJ Carter ruled that Walmart’s managers had illegally disciplined employees for engaging in a one-day strike.  The managers also violated the National Labor Relations Act by making threats to shut … Continue Reading

UAW Moving Up At VW Plant

Posted in NLRA, NLRB, Quick Hits, State/Local Issues, Unions
Earlier this week, the United Auto Workers (UAW) reached the “highest level” of recognition among workers at Volkswagen’s (VW) Chattanooga, TN plant.  Under VW’s new labor policy, which we previously reported on here, once a given labor union garners a certain percentage of employee signatures, it is entitled to meet bi-weekly with VW officials on campus. Monday, VW announced that at least … Continue Reading

Senate Confirms McFerran’s Nomination

Posted in NLRA, NLRB, Quick Hits, Senate
Yesterday, the United States Senate voted 54-40 to confirm President Obama’s nomination of Lauren McGarity McFerran to the National Labor Relations Board.  McFerran’s nomination to the Board came before the full Senate after the Health, Education, Labor and Pensions (HELP) Committee approved her appointment along party lines. Labor watchers were not surprised that McFerran’s nomination met … Continue Reading

Board Judge Rules Cablevision Committed ULPs

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Unfair Labor Practices, Unions
In a lengthy decision issued last week, National Labor Relations Board Administrative Law Judge Steven Fish ruled that Cablevision violated the National Labor Relations Act.  In pertinent part, the ALJ held that Cablevision committed unfair labor practices by refusing to pay back pay to reinstated workers who had been improperly terminated and also by offering bonuses to … Continue Reading

The Fight For Fifteen Comes Home For The Holidays

Posted in Legislation, NLRA, NLRB, Unions
Fast food restaurants across the country will face serious service disruptions today as employees are expected to walk off the job to protest for higher wages.  The protesting workers are involved in what has become known as the Fight for Fifteen movement, which is primarily seeking a $15 per hour minimum wage for employees working … Continue Reading

PA Hospital Hit With Consolidated NLRB Complaint

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the National Labor Relations Board filed a complaint against Crozer Keystone Health System hospital in Philadelphia, Pennsylvania.  The complaint alleges in pertinent part that the hospital violated the National Labor Relations Act by attempting to compel employees to withdraw support from a union that was in the midst of contract negotiations with … Continue Reading

HELP Committee Advances McFerran’s Nomination

Posted in NLRA, NLRB, Quick Hits, Senate
Yesterday, the Senate Health, Education, Labor and Pensions (HELP) Committee approved President Obama’s most recent nominee to the National Labor Relations Board.  Nominee Lauren McFerran has served as the HELP committee’s chief labor counsel since 2010.  If her nomination is approved by the full Senate, McFerran will replace current Board member Nancy Schiffer, whose term expires … Continue Reading

Board ALJ Hits Phillips 66 For Media Gag Policy

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, National Labor Relations Board Administrative Law Judge Lisa D. Thompson ruled that Phillips 66 violated the National Labor Relations Act by maintaining “an unlawful work rule that prohibits employees from speaking to the news media.” The case arose in September 2011 when the United Steelworkers (USW) sought to organize five health and safety … Continue Reading

Board Orders New Election At OK Foods

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Last week, a National Labor Relations Board hearing officer recommended that a union vote at OK Foods in Heavener, Oklahoma be set aside and the voting be re-run.  The election was held on May 1, 2014 to determine whether maintenance employees at the plant wished to be represented by the United Food and Commercial Workers (UFCW).  … Continue Reading

New Board Nominee Goes Before HELP Committee

Posted in NLRA, NLRB, Quick Hits, Senate
Yesterday, the Health, Education, Labor and Pensions Committee (HELP) held a hearing concerning Lauren McFerran’s nomination to the National Labor Relations Board.  The reader may recall that Ms. McFerran is President Obama’s second choice for this position, with first-choice Sharon Block’s nomination being withdrawn under pressure from Senate Republicans. Member Nancy Schiffer’s term expires on … Continue Reading

ALJ Decision Approves Board Ratification Process And Requires Hospital To Continue Pay Raises After CBA Expires

Posted in NLRA, NLRB, NLRB Administration, Remedies, Unfair Labor Practices, Unions
In a decision issued this past Monday, National Labor Relations Board Administrative Law Judge Susan A. Flynn ruled that Wilkes-Barre General Hospital violated the National Labor Relations Act by failing to pay length-of-service based raises to nurses working at its facility in Wilkes-Barre, Pennsylvania. The case, styled Wilkes-Barre Hospital Company, LLC, arose after the Hospital’s … Continue Reading

Board ALJ Orders UPMC To Reinstate Workers

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Remedies, Unfair Labor Practices, Unions
In a voluminous ruling issued last week, a National Labor Relations Board Administrative Law Judge ruled that University of Pittsburgh Medical Center (UPMC) violated the National Labor Relations Act by terminating four employees for engaging in protected and concerted activity.  The employees must be returned to work within two weeks of the ruling. The ALJ … Continue Reading

VW Implements New Labor Policy, Potentially Paving Way For UAW

Posted in NLRA, NLRB, Representation Elections, Uncategorized, Unions
Yesterday, Volkswagen AG (VW) released their long-awaited new labor policy, which comes as welcome news to the United Auto Workers (UAW) and other labor groups. The so-styled Community Organization Engagement policy is noteworthy in that it will provide labor groups with differing levels of access depending on the number of VW workers in their ranks. … Continue Reading

UAW Hoping For VW Recognition

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
The long-running saga between the United Auto Workers and Volkswagen’s Chattanooga, Tennessee plant continues.  Several news outlets are reporting that VW officials will announce a change in policy that will clear the way for the UAW to be recognized without a vote.  As things stand now, Local 42 of the UAW is a voluntary organization.  But union … Continue Reading

Knicks Owner Hit With ULP Charges

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board issued charges against James Dolan, the owner of the New York Knicks.  Dolan, who is also the CEO of Cablevision, allegedly threatened to withhold pay increases from Cablevision employees if they refused to hold a decertification vote.  The Board’s complaint further accuses Cablevision of holding an illegal poll … Continue Reading

With the Mid-Term Elections No Longer a Concern, Expect Flurry of Activity by the NLRB Before Schiffer’s Term Expires

Posted in Amici Briefs, Bush Board Reversal, House of Representatives, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Senate
481384017National Labor Relations Board Member Nancy Schiffer’s term expires December 16, 2014. With the mid-term elections out of the way and given the uncertainty of how a Republican-controlled Congress next year could affect the Board majority’s agenda, it is expected that the NLRB will issue decisions addressing significant issues as well as finalize the NLRB’s … Continue Reading

Board ALJ Hits McKesson With ULPs For Decertification Plot

Posted in NLRA, NLRB Administration, Remedies, Unfair Labor Practices, Unions
Earlier this week, National Labor Relations Board Administrative Law Judge Keltner W. Locke determined that McKesson Corp. violated the National Labor Relations Act by unlawfully terminating two employees and by assisting several employees in circulating a decertification petition.  As background, the Teamsters Union came on the scene in October of 2011 when the union was certified as … Continue Reading

Mediator Enters FairPoint Fray

Posted in Negotiations, NLRA, Quick Hits, Unfair Labor Practices, Unions
On November 18, a Federal Mediator will sit down with representatives of FairPoint Communications and two labor unions to attempt to bring an end to a three-week labor strike.  The meeting, which will take place in Boston, will be attended by negotiators for the company, as well as higher-ups at the International Brotherhood of Electrical … Continue Reading