Labor Relations Today

Labor Relations Today

Category Archives: NLRA

Subscribe to NLRA RSS Feed

Senate Takes Aim At Quickie Election Rule

Posted in House of Representatives, Legislation, NLRA, NLRB Rule-Making, Quick Hits, Representation Elections, Unions
Yesterday, the United States Senate voted 53-45 in favor of proceeding to formal debate on Senate Joint Resolution 8.  S.J. Res. 8 is a joint resolution with the U.S. House of Representatives designed to express both the House and Senate’s disapproval of the National Labor Relations Board’s “quickie election” rules.  The quickie election rules are… Continue Reading

Bentley U Adjuncts Join SEIU

Posted in NLRA, Quick Hits, Representation Elections, Unions
Yesterday, the Service Employees International Union announced that adjunct faculty working at Bentley University in Massachusetts have voted to form a labor union.  Per the union’s press release, eligible faculty voted 2-1 in favor of joining the union.  Reportedly about three-quarters of eligible voters cast a vote. In a short statement, the University expressed its regret… Continue Reading

NFIB Files Amicus Brief Ripping NLRB Facebook Ruling

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices
Earlier this week, the National Federal of Independent Business’ small business legal center filed an amicus brief with the D.C. Circuit, arguing that the National Labor Relations Board incorrectly held that employees of a clothing store had engaged in protected activity by griping about work on Facebook.  (See the NFIB Brief here). The case arose when… Continue Reading

NLRB GC: Search of Company-Owned Vehicle Not an Investigatory Interview

Posted in Division of Advice, NLRA, Unfair Labor Practices, Weingarten Rights
In an Advice Memorandum issued February 6, 2015 in Southwestern Bell Telephone Company, Case 14-CA-141000, the National Labor Relations Board Office of the General Counsel found that an employer did not violate Section 8(a)(1) by searching an employee’s company-owned vehicle without a union representative present despite the fact that the employee had requested, and been provided,… Continue Reading

UAW Organizes March at Mississippi Seat Plant

Posted in NLRA, NLRB, Quick Hits, Unions
In keeping with its make-or-break “Southern strategy,” the United Auto Workers are in the midst of an organizing campaign at an automobile seat factory in Cleveland, MS.  As the reader may recall, the UAW has been seeking to organize across the Southeastern United States, with the union losing an election in particularly embarrassing fashion at… Continue Reading

Board ALJ Nixes Union’s Objector Policy

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week ($$), National Labor Relations Board administrative law judge Amita Baman Tracy ruled that a United Food and Commercial Workers local violated the National Labor Relations Act by forcing new employees hired by Ralphs Grocery to voice their objections to becoming full union members at the union office, rather than by letter. The case… Continue Reading

Duquesne Will Get Hearing On Religious Exemption Argument

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Last week, the National Labor Relations Board issued an Order remanding to the regional office the issue of whether Duquesne University comes under the protection of the Board’s religious exemption.  If so, the university is not subject to the Board’s jurisdiction.  As a practical matter, this means that Duquesne’s adjunct faculty could not form a… Continue Reading

Board RD Dismisses Columbia Grad Students Election Petition

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
In an Order dated February 6, 2015, National Labor Relations Board regional director Karen Fernbach administratively dismissed a petition for election filed by graduate students at Columbia University in New York, NY.  Ms. Fernbach explained that she dismissed the petition because: “[I]t seeks an election among graduate students who are not ‘employees’ within the meaning… Continue Reading

Congress Has Quickie Election Rule In Its Sights

Posted in House of Representatives, NLRA, NLRB, Quick Hits, Representation Elections, Senate
On Monday, Senate Republicans exercised a rarely-used power in an attempt to strike down the National Labor Relations Board’s controversial “quickie election” rule.  The rule, which goes into effect in April of this year, is designed to allow labor unions to hold a union election in as little as 11 days after the filing of… Continue Reading

Trade Groups Take Aim At Quickie Election Rule

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections
Late last week ($$), several major U.S. trade associations filed a motion for summary judgment requesting that Judge Amy Berman Jackson invalidate the National Labor Relations Board’s new “quickie election” rule.  The U.S. Chamber of Commerce and its allies argued in their brief that the new rule, which seeks to hold union elections as little as 11… Continue Reading

Cornell Grad Students Sign Union Cards

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Last night, more than 50 graduate students attending Cornell in upstate New York signed union authorization cards at the third meeting of Cornell Graduate Students United (CGSU).  CGSU was formed by several Cornell graduate students in early 2014 in order to pursue higher wages and better working conditions its members.  The organizing campaign began in earnest… Continue Reading

Board Files Complaint Against Au Bon Pain

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the National Labor Relations Board issued a complaint against Au Bon Pain Corp.  The complaint, consolidated from two cases brought by Unite Here!, accuses the company of unlawfully discouraging employees working at the Philadelphia Airport from engaging in protected organizing activities. Specifically, the complaint alleges that the CEO of Au Bon Pain met with employees… Continue Reading

Boston U. Adjuncts Join SEIU

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Part-time faculty working at Boston University in Boston, MA have chosen to join the Service Employees International Union (SEIU).  The votes were counted this past Tuesday.  According to an SEIU spokesperson, almost 800 adjunct professors were eligible to vote.  While an immediate tally was not available, the spokesperson said that the union won the election… Continue Reading

Nissan Declines State Dept. Mediation Offer

Posted in Negotiations, NLRA, NLRB, Quick Hits, Unions
Nissan Motor Co. Ltd. ($$) is refusing an offer from the U.S. State Department to mediate a dispute with the United Auto Workers (UAW).  The UAW has been working to organize employees working at Nissan’s Canton, Mississippi plant.    The UAW has accused Nissan of violating international labor guidelines by seeking to convince its employees not… Continue Reading

Board Amicus Brief Backs Union Against Trump

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unions
Late last week ($$), the National Labor Relations Board filed a 58-page amicus brief with the Third Circuit, arguing that Trump Entertainment Resorts Inc. must not be allowed to blow up a collective bargaining agreement due to its impending bankruptcy.  Specifically, the Board’s Brief contended that the Delaware bankruptcy court should not have granted Trump Entertainment’s… Continue Reading

Board Files Complaint Against Pittsburgh Hospital

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board’s Pittsburgh, PA office authorized a complaint against the University of Pittsburgh Medical Center (UPMC).  The complaint alleges that UPMC has violated the National Labor Relations Act by unlawfully interrogating employees with regards to their union activities.  The complaint further alleges that UPMC unlawfully placed restrictions on where employees… Continue Reading

Ithaca Adjunct Faculty Begin Organizing Effort

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
The Ithaca Journal reports that adjunct faculty members working at Ithaca College in upstate New York are planning to file a petition for election with the National Labor Relations Board by the end of the current semester.  With the assistance of the Service Employees International Union (SEIU), several adjunct faculty members leading the organizing campaign… Continue Reading

NFIB and ABC Join Fight Against NLRB’s ‘Quickie Election’ Rule by Filing Suit in Texas

Posted in Expedited Elections, Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Representation Elections
On Tuesday, January 13, the National Federation of Independent Business (NFIB) Texas, Associated Builders and Contractors (ABC) of Texas and the Central Texas Chapter of ABC filed a joint lawsuit in the U.S. District Court for the Western District of Texas against the National Labor Relations Board (NLRB) challenging the NLRB’s recently issued election rule… Continue Reading

LA Port Truckers Join Teamsters

Posted in Negotiations, NLRA, NLRB, Quick Hits, Unions
Truck drivers working for Shippers Transport Express at the Port of Los Angeles have jointed the Teamsters Union.  Unlike the NLRB’s typical process, which requires employees to vote on whether to join a union, Shippers Transport Express voluntarily recognized the Teamsters after the union was able to show that it had garnered the support of… Continue Reading

Labor Relations Today Releases ‘Labor Law 2014: A Year in Review’

Posted in Alternative Labor Law Reform, Amici Briefs, Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2014: A Year In Review. This marks the fourth straight year that we have produced this annual review of developments in traditional labor law and labor-management relations. 2014 ushered in a National Labor Relations Board with more prospective stability than in recent years as the seats… Continue Reading

FairPoint Mediator Issues Gag Order

Posted in Negotiations, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Negotiations between FairPoint and the two unions representing more than 1,700 employees have been placed under a gag order by a mediator from the Federal Mediation and Conciliation service.  With the talks between the employer on one side and the Communications Workers of America (CWA) and International Brotherhood of Electrical Workers (IBEW) on the other now… Continue Reading

Board Dings Macy’s For Refusal To Bargain

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
This past Wednesday, the National Labor Relations Board ruled that Macy’s Inc. is obligated to bargain with Local 1445 of the United Food and Commercial Workers (UFCW), which now represents a unit of cosmetics workers at Macy’s store in Saugus, MA.  The reader may recall that @LRToday covered the initial Macy’s decision at length back… Continue Reading

Nestle Attacks Specialty Healthcare Decision

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unions
Earlier this week, representatives for Nestle Dreyer’s Icre Cream Co. argued ($$) that the National Labor Relations Board’s controversial Specialty Healthcare decision was an abuse of the Board’s discretion.  The reader may recall that Specialty Healthcare, which has been upheld by the Sixth Circuit, requires an employer challenging the appropriateness of a bargaining unit to show that… Continue Reading