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Labor Relations Today

Category Archives: NLRA

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President Vetoes GOP Attempt To Nix Quickie Election Rules

Posted in House of Representatives, Legislation, NLRA, NLRB, Quick Hits, Representation Elections, Senate, Unions, White House
In an unsurprising move, earlier today President Obama vetoed a measure put forward by House and Senate Republicans under the auspices of the Congressional Review Act (CRA) that would have invalidated the National Labor Relations Board’s “quickie election” procedures.  The rules, set to take effect in about two weeks, could shrink the period from the… Continue Reading

Labor Strike Coming to PA Hospital

Posted in Negotiations, NLRA, NLRB, Unfair Labor Practices, Unions
Tomorrow morning at 7:00 a.m., licensed practical nurses and technicians are set to walk off the job and hit the pickets in protest against ACMH Hospital’s alleged unfair labor practices.  The strike is being organized by the Pennsylvania Association of Staff Nurses and Allied Professionals (PASNAP) and is expected to draw over 100 union members.… Continue Reading

Chamber Fires Another Round At Quickie Election Rules

Posted in Federal Court Litigation, House of Representatives, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections, Senate, Unions, White House
This week, the U.S. Chamber of Commerce and other trade groups filed a Motion in the U.S. District Court for the District of Columbia, arguing that the National Labor Relations Board’s “quickie election” rules should be invalidated. The rules, which were published at the end of last year in the Federal Register, would allow a… Continue Reading

Teamsters Target Bay Area Shuttle Bus Drivers

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
The International Brotherhood of Teamsters (Teamsters) have been waging a campaign to organize shuttle bus drivers working at Bauer’s Intelligent Transportation’s headquarters in San Francisco, CA.  In a sign that the organizing campaign is escalation, the Teamsters filed unfair labor practice charges against Bauer’s with the National Labor Relations Board, alleging that company officials have… Continue Reading

Chairman Pearce Testifies Before House

Posted in House of Representatives, NLRA, NLRB, Quick Hits
Yesterday, National Labor Relations Board Chairman Mark Gaston Pearce was called to testify at a House of Representatives budget hearing.  Chairman Pearce’s testimony covered a wide range of topics, beginning with the Board’s backlog of cases resulting from the Supreme Court’s invalidation of President Obama’s 2012 recess appointments to the Board. Chairman Pearce noted that… Continue Reading

NLRB Set To Hold Hearing re Columbia Grad Student Union

Posted in NLRA, NLRB, Quick Hits, Unions
On March 31, the National Labor Relations Board’s New York regional office will conduct a hearing to determine whether graduate students working as research and teaching assistants at Columbia University in New York City should be allowed to conduct a union election.  As we’ve discussed on this blog previously, graduate students currently do not have… Continue Reading

House Passes Measure Disapproving of Quickie Election Procedures

Posted in House of Representatives, Legislation, NLRA, NLRB, Quick Hits, Representation Elections, Senate, Unions, White House
As expected, the U.S. House of Representatives followed the Senate’s lead and passed a measure under the auspices of the Congressional Review Act (CRA) that expresses disapproval of the National Labor Relations Board’s new “quickie election” procedures.  Among other radical changes made by the Board, the “quickie election” procedures would allow a labor union to hold… Continue Reading

Seattle U Appeals Board’s Adjuncts Ruling

Posted in Negotiations, NLRA, NLRB, Quick Hits, Representation Elections, Unions
Earlier this week, Seattle University appealed a recent National Labor Relations Board ruling, which held that impounded ballots cast in a recent election by the university’s adjunct faculty should be counted.  In its appeal, the university is arguing that the votes cast in last summer’s election should not be counted because the university should not… Continue Reading

House Takes Up Ambush Election Disapproval Measure

Posted in House of Representatives, NLRA, NLRB, Quick Hits, Representation Elections, Unions
The U.S. House of Representatives is currently debating a resolution brought under the Congressional Review Act (CRA) that would express its disapproval of the National Labor Relations Board’s new “quickie election” procedures.  The quickie election rules, set to go into effect next month, could allow a labor union to hold an election in as little… Continue Reading

Longshoremen Hit With $60K Fine

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, U.S. District Court Judge Michael Simon ordered the International Longshore and Warehouse Union to pay almost $60,000 to the National Labor Relations Board because the union engaged in unlawful activity at the Port of Portland.  Per a ruling from Judge Simon rendered in 2012, the union organized a work slowdown while in the midst of a… Continue Reading

NLRB General Counsel Takes Aggressive Stance to Address Immigration Issues

Posted in NLRA, NLRB, NLRB Administration, Remedies, Unfair Labor Practices
454172307On the heels of the President’s executive action on immigration, Richard Griffin, the National Labor Relations Board’s General Counsel, issued GC Memorandum 15-03 on February 27, 2015 providing updated procedures to address issues that might arise in the investigation and prosecution of unfair labor practice cases involving employees’ immigration status. The NLRB’s new procedures are… Continue Reading

NYU Grad Students On Verge Of Labor Strike

Posted in Negotiations, NLRA, NLRB, Quick Hits, Unions
The Wall Street Journal is reporting that graduate students employed by New York University could walk off the job and hit the pickets as early as tomorrow morning if the grad students and the university cannot come to a consensus regarding a collective bargaining agreement.  As the reader may recall, NYU agreed to recognize a graduate student… Continue Reading

House Debating Quickie Election Rules After Senate Disapproval Measure Passed

Posted in House of Representatives, Legislation, NLRA, NLRB, Quick Hits, Representation Elections, Senate, Unions, White House
As we predicted ($$), the Senate yesterday passed a resolution under the Congressional Review Act (CRA) disapproving of the National Labor Relations Board’s “quickie election” rules.  The quickie election rules, which the Board passed in December, would allow a labor union to hold an election in as little as 11 days after the Board receives an… Continue Reading

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