Labor Relations Today

Labor Relations Today

Category Archives: NLRA

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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

Board Orders Make Whole Remedy After Employee’s Weingarten Rights Violated

Posted in NLRA, NLRB, NLRB Decisions, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board upheld and Administrative Law Judge’s determination that an employer violated the National Labor Relations Act by terminating an employee who refused to take a drug test before being allowed to speak to a union representative.  In Ralph’s Grocery, 361 NLRB No. 9 (July 31, 2014), an employee of … Continue Reading

New Executive Order Targets Federal Contractors

Posted in Executive Orders, Government Contracting, Government Contracts, NLRA, Senate
President Obama has issued yet another executive order that will impose additional labor compliance requirements on companies that choose to do business with the federal government.  Entitled “Fair Pay and Safe Workplaces,” the new Order requires contractors and subcontractors to disclose their own labor law violations and requires federal agencies to exclude from federal contracting … Continue Reading

Northwestern, CAPA Square Off In Reply Briefs

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Both Northwestern University and the College Athletes Players Association (CAPA) filed reply briefs with the National Labor Relations Board (NLRB) yesterday to further strengthen their respective positions regarding whether Northwestern’s football players should be able to form a labor union.  The reader may recall that the players filed a representation petition last January.  NLRB regional director Peter … Continue Reading

Locked Out Kelloggs Employees Win Right To Return To Work

Posted in Federal Court Litigation, Negotiations, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Yesterday, U.S. District Judge Samuel Mays ordered that Kelloggs must immediately end its lock out of 220 workers at its Memphis, TN plant.  The Judge’s Order provides that Kelloggs made use of “creative semantics” to make changes to its collective bargaining agreement with the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union (the Union).  … Continue Reading

Proposed House Bill Would Make Organizing A Civil Right

Posted in House of Representatives, Legislation, NLRA, NLRB, Quick Hits
The Nation reports that House Democrats John Lewis (GA) and Keith Ellison (MN) plan on introducing legislation that would make labor organizing akin to a civil right.  As currently written, the bill would amend the National Labor Relations Act to make union campaigning a fundamental legal right similar to the right to be free from age, sex, or … Continue Reading

Board ALJ Nixes Mercedes’ Handbook Policy

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, a National Labor Relations Board Administrative Law Judge determined that Mercedes-Benz’s employee handbook contained an overly broad and unlawful policy.  The complaint brought by the United Auto Workers (UAW) alleged that the policy, which prohibited employees from passing out nonwork-related notices during work time or in working areas, violated the National Labor Relations … Continue Reading

Top 10 NLRB Issues to Monitor the Rest of the Year

Posted in Expedited Elections, Micro Units, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Representation Elections, SCOTUS, Unfair Labor Practices
459895879UPDATED: JULY 29, 2014 1.  Aftermath of Noel Canning The Supreme Court determined in late June of this year that President Obama’s purported recess appointments to the National Labor Relations Board were unconstitutional.  Hundreds, or potentially even thousands, of Board decisions issued by the improperly-constituted Board could be affected by the Court’s ruling.  Administrative actions … Continue Reading

NLRB Finds Micro-Unit at Macy’s Appropriate; Effectively Eliminates Retail Industry’s Presumption of Wall-to-Wall Units

Posted in Micro Units, NLRA, NLRB, Representation Elections, Unions
The National Labor Relations Board yesterday issued the long-awaited Macy’s, Inc. decision.  The Board majority consisting of Chairman Pearce and Members Hirozawa and Schiffer determined that the petitioned-for unit of cosmetics and fragrance employees at a Macy’s retail store is appropriate, while Member Miscimarra dissented by asserting that not only is the petitioned-for unit inappropriate, … Continue Reading

Board Investigating McDonalds For ULPs

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
The Huffington Post reports that the National Labor Relations Board has opened an investigation into whether a McDonalds franchise violated the National Labor Relations Act for terminating nine workers for allegedly supporting an employee unionization effort.  The Fast Food Workers Committee, an outside labor organization representing the fired workers, claims that nine McDonalds franchise employees … Continue Reading

Tribes Pressing For Timely Review of Board Orders

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits
Last week, the Chickasaw Nation, the Saginaw Chippewa Indian Tribe of Michigan, and the Little River Band of Ottawa Indians argued in briefs to the Sixth and Tenth Circuit Courts of Appeal that several Orders issued by the National Labor Relations Board concerning the agency’s jurisdiction should be remanded for expedited review.  The Board is … Continue Reading

Board Judge: Becker’s Appointment Valid

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices
This past week, a National Labor Relations Board Administrative Law Judge determined that a sushi manufacturer violated the National Labor Relations Act by seeking to compel individual arbitration proceedings of a wage-and-hour class action brought by a former employee.  In his decision, Judge Wedekind determined that Fuji Food Products had run afoul of the NLRB’s … Continue Reading