Labor Relations Today

Labor Relations Today

Category Archives: NLRA

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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 McFerran is President Obama’s second choice for this position, with first-choice Sharon Block’s nomination being withdrawn under pressure from Senate Republicans.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

NJ FedEx Workers Join Teamsters

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
On Halloween night, 113 drivers working at FedEx Freight’s Monmouth Junction terminal in New Jersey voted to join the International Brotherhood of Teamsters.  The representation vote was close, with 66 drivers voting yay and 42 voting nay.    As reported by Bloomberg, the Teamsters are on a hot streak.  Only three weeks ago, 47 FedEx … Continue Reading

Region 28 Ordered To Pay Co’s Attorneys Fees

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, U.S. District Court Judge Neil V. Wake ordered the National Labor Relations Board’s 28th regional office to pay over $50,000 in attorney’s fees to Farm Fresh Company Target One, LLC.  In a prior ruling, Judge Wake had denied the company’s request for attorney’s fees.  However, he changed his mind on a motion for reconsideration. … Continue Reading

Board Orders Hotel To Pay Union’s Bargaining And Litigation Costs

Posted in NLRA, NLRB, NLRB Decisions, Quick Hits, Remedies, Unfair Labor Practices, Unions
In a decision issued last Friday, the National Labor Relations Board slammed a Hawaii hotelier for repeatedly violating the National Labor Relations Act over the past decade.   Issued by a full five-member Board, the decision hammered HTH Corp. for unlawfully terminating an employee for engaging in protected activity, as well as for eliminating contributions to … Continue Reading

Capital Bikeshare Employees Look To Unionize

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
The Washington Post reports that Washington D.C.’s Capital Bikeshare Program is in the midst of a union organizing campaign.  Organizers have been speaking to employees and have been soliciting authorization card signatures for the past few weeks.  The organizers’ efforts seem to have paid off, at least for now: last Thursday, a representative of the … Continue Reading

Muskegon Family Care Settles ULPs

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, Muskegon Family Care settled several unfair labor practice charges filed by the American Federation of State County and Municipal Employees (AFSCME) after Muskegon terminated four employees earlier this year.  While the terms of the settlement were not made immediately available, a spokesperson for the union stated that the terminated employees would receive undisclosed … Continue Reading

ALJ Nixes Another Arbitration Agreement

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices
Earlier this week, a National Labor Relations Board Administrative Law Judge held that Ross Stores Inc. violated the National Labor Relations Act by maintaining an unlawful arbitration agreement.  In pertinent part, Judge Pollack ruled that Ross ran afoul of the Act by forcing employees to sign an arbitration agreement that prohibited employees from pursuing either … Continue Reading

FairPoint Strikers Accused Of Illegal Tactics

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, FairPoint Communications officials located in northern New England accused its striking workers of not playing fair.  The more than 1,700 striking employees, represented by the Communications Workers of America (CWA) and the International Brotherhood of Electrical Workers (IBEW), have allegedly intimidated contractors and regular FairPoint employees with their threatening behavior.  The strikers … Continue Reading

ALJs Signal That D.R. Horton Is Alive And Well

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Uncategorized, Unfair Labor Practices, Unions
At the end of last week, two separate National Labor Relations Board Administrative Law Judges determined that two separate employer-promulgated arbitration agreements were unlawful.  The reader may recall the Board’s now-infamous D.R. Horton ruling, which effectively held that an employer violates the National Labor Relations Act by forcing employees to sign an arbitration agreement that … Continue Reading

Truckers Reinstated Pending Outcome Of Labor Dispute

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Yesterday, U.S. District Court Judge Philip S. Gutierrez ordered Green Fleet Systems to reinstate two Los Angeles Harbor-based truckers who allege they were terminated in the midst of a labor dispute.  The Judge’s Order requires Green Fleet to reinstate the two workers during the pendency of proceedings before the National Labor Relations Board.  In the … Continue Reading

CWA Files ULP Charges Against SEIU

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
The Communications Workers of America (CWA) has filed a complaint with the National Labor Relations Board, alleging in pertinent part that the Service Employees International Union (SEIU) has been contracting out union work in the run-up to the November elections.  The CWA represents employees who work for the SEIU’s Local 1021, which is very politically active in … Continue Reading

UAW Hit With ULP Charges

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Right to Work Legal Defense Foundation filed unfair labor practice charges against the United Auto Workers union on behalf of a truck driver who alleged that the union has been trying to stop her from exercising her right not to join the union.  In a statement filed by the National Right … Continue Reading

Palermo’s Saga Ends With Withdrawal Of Petition

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
The Milwaukee Business Journal reports that employees working for Palermo’s Pizza in Milwaukee, WI withdrew their election petition in late July of this year.  A union election had been scheduled for August 14, but the employees filed withdrawal paperwork with the National Labor Relations Board several weeks before the election date. The union campaign had … Continue Reading

Board Rubber-Stamps Pair Of Recess-Appointment Decisions

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections, SCOTUS, Unfair Labor Practices, Unions
The fall-out from the Supreme Court’s recent Noel Canning ruling continues.  Last week, the National Labor Relations Board revisited two cases that were brought back to life after the Supreme Court determined that the Board was unlawfully constituted when they were originally decided. Not surprisingly, the Board entered summary judgments against both Enterprise and Huntington … Continue Reading