Labor Relations Today

Labor Relations Today

Category Archives: NLRA

Subscribe to NLRA RSS Feed

SEIU Looking To Unionize U Of MN Faculty

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
While much of the labor world has been keeping its eyes on the Fight for Fifteen campaign, the Service Employees International Union (SEIU) and Adjunct Action have been working hard to unionize faculty members and employees at U.S. colleges and universities.  Just last week, the SEIU authored a blast email to non-tenured faculty members at the … Continue Reading

CNN Appeals Board Reinstatement Order

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the National Labor Relations Board ruled that CNN must reinstate over 100 unionized workers who were laid off in a restructuring more than 10 years ago.  And CNN is also required to pay those workers for lost pay and benefits stemming from their unlawful termination. The dispute in question arose in 2003, … Continue Reading

Senate HELP Committee Approves Block’s Board Nomination

Posted in NLRA, NLRB, Presidential Appointments, Quick Hits, Senate
Yesterday, the Senate Health Education Labor and Pensions Committee (HELP) approved the nomination of Sharon Block to the National Labor Relations Board.  Ms. Block is a former Board member whose recess appointment caused a great deal of controversy and was eventually found to be unconstitutional by the Supreme Court.  The HELP Committee split primarily on … Continue Reading

New Vista Asks Third Circuit To Hold Hearing In Abeyance

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Yesterday, New Vista Nursing and Rehabilitation LLC asked the Third Circuit to hold the re-hearing of a prior 2-1 Third Circuit decision in abeyance until the National Labor Relations Board has an opportunity to pass on the questions involved.  The case at issue began in March of 2012 when recess-appointed Board members Craig Becker, Sharon Block, and Richard … Continue Reading

Decertification Fight At Cablevision Turns Nasty

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, the Communications Workers of America (CWA) accused Cablevision management officials of attempting to intimidate its employees into voting to decertify the CWA as the employee’s exclusive bargaining agent.  In a statement, CWA alleged that Cablevision has engaged in a pattern of mass-firings and bad-faith bargaining, among other things, in order to break employee … Continue Reading

Union Cancels Election, Blames Hospital

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Earlier this week, the New York State Nurses Association (the Union) withdrew an election petition at St. Mary’s Hospital in New York.  The petitioned-for unit covered about 250 registered nurses.  The vote was originally scheduled for September 25, but the union ended its campaign despite purportedly having majority support among nurses because “tactics employed by … Continue Reading

UNITE HERE Rallies At Alaska Hotel

Posted in Negotiations, NLRA, Quick Hits, Unfair Labor Practices, Unions
Yesterday, members of UNITE HERE Local 878 staged a rally in front of the Sheraton Anchorage Hotel in Anchorage, Alaska demanding that management officials renegotiate their current labor agreement.  Approximately 150 protesters chanted while walking around the hotel during business hours. Trouble began in 2008, when management and union officials began, but did not finish, … Continue Reading

Block Confirmation Hearing Set For Today

Posted in NLRA, NLRB, Presidential Appointments, Quick Hits
The Senate Health, Education, Labor and Pensions Committee (HELP) will hold a hearing this morning to determine whether Sharon Block’s nomination to the National Labor Relations Board should be sent to the full Senate.  The reader will recall that Ms. Block was one of President Obama’s controversial “recess appointees” that were declared Constitutionally unsound by … Continue Reading

Board Orders Hospital To Pay Union’s Bargaining Costs

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Employers take heed: the Board has signaled that refusing to bargain comes with costs. In Hospital of Barstow, Inc., 361 NLRB No. 34 (Aug. 29, 2014), the National Labor Relations Board found that Barstow Community Hospital violated Sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act by refusing to submit proposals or counterproposals during … Continue Reading

Block Confirmation Hearing Set For Next Week

Posted in NLRA, NLRB, Presidential Appointments, Quick Hits
This coming Tuesday, the Senate Health, Education, Labor and Pensions (HELP) Committee will hold a hearing to consider whether the appointment of Sharon Block to the National Labor Relations Board.  The reader may recall that Ms. Block was one of President Obama’s so-called recess appointments, which were held to be Constitutionally unsound by the U.S. Supreme Court … Continue Reading

Fast-Food Strike Follows From Joint-Employer Rumblings

Posted in NLRA, NLRB, Special Interests, Unions
The Fight for Fifteen is back. Union organizers running the campaign designed to secure $15 per hour wages for fast-food workers announced on Labor Day that fast-food employees will walk off the job this Thursday in approximately 150 cities across the country. The organizers expect that major fast-food hotspots Burger King, McDonalds, and Wendy’s will … Continue Reading

Market Basket Hit With ULP Charges

Posted in NLRA, NLRB, Quick Hits
Last week, a Market Basket employee filed unfair labor practice charges against the company with the National Labor Relations Board, alleging that Market Basket violated its employees’ rights to “strike and picket.”  The complaint further alleges that employees have been threatened with discipline or discharge for protesting against the company’s recent decision to oust its … Continue Reading

Employers Face High Hurdle To Show Employee Communications Concerning Labor Disputes Unprotected

Posted in NLRA, NLRB, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board upheld an Administrative Law Judge’s decision that a Jimmy John’s franchisor violated the National Labor Relations Act for disciplining and discharging several employees who were engaged in protected and concerted activity. In MikLin Enterprises, Inc., 361 NLRB No. 27 (Aug. 21, 2014), the Board determined that Respondent MikLin … Continue Reading

Regional Director Orders Election at NYC Bike Share, Unit To Include Seasonal Employees And Purported Supervisors

Posted in NLRA, NLRB Decisions, Representation Elections
In a Decision and Direction of Election dated August 20, 2014, the Regional Director for Region 2 of the National Labor Relations Board in Manhattan directed an election to determine whether NYC Bike Share LLC employees will be represented by the Transportation Workers Union.  The employer operates Citi Bike in New York City, the nation’s … Continue Reading

Board Orders Reinstatement and Backpay of Employee Due To ‘Zero Tolerance’ Inconsistency

Posted in NLRA, NLRB, Remedies, Unfair Labor Practices, Unions
This past Monday, the National Labor Relations Board reversed an Administrative Law Judge’s decision and held that Nichols Aluminum, LLC had unlawfully discharged an employee in violation of the National Labor Relations Act because he engaged in concerted and protected activity.  In Nichols Aluminum, LLC, 361 NLRB No. 22 (August 18, 2014), Nichols’ longtime employee … Continue Reading

Board Circles Back To Ruling Nixed By Noel Canning

Posted in NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices
Last week, the National Labor Relations Board circled back to a decision that was invalidated by the Supreme Court’s blockbuster Noel Canning decision.  As the reader may recall, Noel Canning determined that President Obama’s recess appointments to the National Labor Relations Board did not pass Constitutional muster.  Accordingly, the decisions issued by the improperly-constituted Board … Continue Reading

Co. Sues Board For Exceeding Authority

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Sanderson Farms Inc. filed a complaint in federal district court in Mississippi against the National Labor Relations Board on Monday, alleging that the Board exceeded its authority by continuing to pursue unfair labor practice charges against Sanderson even though the charging party withdrew them.  Local 693 of the Laborers International Union of North America AFL-CIO … Continue Reading

Third Circuit Will Revisit Becker Ruling

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits
Yesterday, the Third Circuit Court of Appeals granted the National Labor Relations Board’s request for a panel rehearing of its 2013 decision that determined that Member Craig Becker was improperly recess-appointed by the President.  The case has sat on the court’s docket for quite some time because the issue was tabled pending the U.S. Supreme … Continue Reading

New Vista, NLRB Square Off In 3d Circuit

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
New Vista Nursing and Rehabilitation LC filed an Answer to a National Labor Relations Board brief last week in the Third Circuit Court of Appeals, arguing that the court should decline the Board’s invitation to revisit a previous ruling denying the NLRB’s bargaining order.  The current dispute before the court stems from a July 2013 rehearing request from … Continue Reading

LaVerne Adjuncts Pull Election Petition

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Earlier this week, union organizers working with adjunct professors at LaVerne University in California made the unusual move to withdraw their petition for a representation election.  The adjuncts actually held an election, which was supervised by the National Labor Relations Board in February of this year.  However, the votes were initially impounded and have yet … Continue Reading

ALJ Nixes UnitedHealth Arbitration Pact

Posted in NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices
National Labor Relations Board administrative law judge Raymond P. Green concluded that UnitedHealth Group Inc.’s enforcement of an employee arbitration agreement violated the National Labor Relations Act.  The company ran afoul of the law by forcing its employees to arbitrate their wage-and-hour claims against the company as individuals when the employees attempted to bring a … Continue Reading

Union Files ULP Charge Against Guitar Center

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the Retail, Wholesale and Department Store Union (RWDSU) filed unfair labor practice charges with the National Labor Relations Board against Guitar Center.  The complaint alleges that Guitar Center has bargained in bad faith and has also sought to punish its employees for organizing. The RWDSU began organizing efforts at a host of Guitar Center … Continue Reading

Board Ratifies Administrative Actions Made During Recess-Appointees’ Tenure

Posted in NLRA, NLRB, NLRB Administration, NLRB Decisions, Quick Hits
Yesterday, the National Labor Relations Board announced that it had unanimously ratified all administrative actions that were made by the recently-invalidated Recess-appointed Board.  The decisions at issue were made between January 4, 2012 and August 5, 2013, when the Board regained a full quorum of five members.  In particular, the Board expressly authorized the appointments of … Continue Reading