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Labor Relations Today

Category Archives: NLRA

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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

Supreme Court’s Hobby Lobby Decision and Unionization

Posted in Interest Arbitration, Media Round-Up, NLRA, NLRB, SCOTUS
76754697Ned Resnikoff has a piece today at MSNBC.com opining that the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc., will provide employers a means of avoiding unionization: By declaring that “closely held” corporations may hold religious beliefs, the court may have provided businesses with a new tool for crushing workplace unionization drives. In addition … Continue Reading

NLRB Regional Director Dismisses ULP Charge Against Pennsylvania Convention Center Authority

Posted in Duty to Bargain, NLRA, Quick Hits, State/Local Issues, Unfair Labor Practices
The Inquirer reports that Dennis P. Walsh, the Regional Director for Region 4 of the National Labor Relations Board, dismissed a charge filed by the Carpenters and Teamsters unions alleging that the Pennsylvania Convention Center Authority engaged in bad faith bargaining. In his decision dismissing the charge, Mr. Walsh stated that the unions provided evidence “supporting … Continue Reading

Northwestern To Board: Football Players Are Not Employees

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Late last week, Northwestern University filed its brief with the National Labor Relations Board, arguing that student-athletes who play football at the university should not be considered employees for purposes of the National Labor Relations Act.  In a decision rendered this past March, a Board regional director determined that football players at Northwestern were employees, and … Continue Reading

President Renominates Former Recess Appointee To NLRB

Posted in NLRA, NLRB, Quick Hits
Late last week, the White House announced that President Barack Obama will be nominating former recess appointee Sharon Block to the National Labor Relations Board.  As explained by the Wall Street Journal, the Senate’s vote to eliminate filibustering of presidential nominees effectively hamstrings any Republican attempts to block her nomination from a vote. Block, who originally served as … Continue Reading

CWA Brief: Overturn Register Guard

Posted in NLRA, NLRB, Quick Hits, Unions
Last week, the Communications Workers of America (CWA) filed a brief urging the National Labor Relations Board to overturn its 2007 Register Guard decision, whild held that employees do not have a statutory right to commandeer their employer’s email system for organizing and other Section 7 activities.    “If an employer chooses to impose a … Continue Reading

Board ALJ Finds Union Buttons Lawful

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, National Labor Relations Board Administrative Law Judge Jeffrey Wedekind ruled that employees at Pauma Casino in San Diego County, CA were allowed to wear pro-Union buttons while on the clock.  The decision held that Pauma Casino further violated the National Labor Relations Act by prohibiting its employees from wearing the buttons, which professed allegiance to … Continue Reading

GC To Board: Adopt New Joint Employer Standard

Posted in Amici Briefs, NLRA, NLRB, Quick Hits, Unions
Last week, the General Counsel for the National Labor Relations Board submitted an amicus brief wherein he argued that the Board should nix its current joint employer standard in favor of a “totality of the circumstances” test.  Under the current standard, the Board examines whether a putative co-employer meaningfully affects an employee’s essential terms and … Continue Reading

SCOTUS Affirms D.C. Circuit’s Noel Canning Decision

Posted in NLRA, NLRB, SCOTUS, Uncategorized, Unions, White House
178034180In an eagerly awaited ruling, the United States Supreme Court held today that it will uphold the D.C. Circuit’s Noel Canning ruling.  Issued on January 25, 2013, the D.C. Circuit held in Noel Canning that the National Labor Relations Board lacked a quorum because President Obama’s purported recess appointments of several members were unconstitutional.  Both the … Continue Reading

HELP Committee Holds Hearing On Board Agenda

Posted in House of Representatives, NLRA, NLRB, Quick Hits, Unions
Yesterday, the House Subcommittee on Health, Employment, Labor and Pensions (HELP) conducted a hearing concerning the National Labor Relations Board’s current agenda.  MLA’s own Seth Borden testified at the hearing that the Board could issue rulings in the next several months that would both contradict long-standing precedent and undermine the purposes of the National Labor Relations Act.  Specifically, Borden … Continue Reading

Board Pushes OK Foods For Re-Run Election

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Last week, the director of the National Labor Relations Board’s region 14 sent a letter to OK Foods stating that the Board will issue a formal complaint against OK Foods if the chicken-processer does not allow a re-run election.  The letter provided that the Board has received 18 separate allegations that management officials committed unfair … Continue Reading

Board GC Seeks To Change Work Email Rule

Posted in Amici Briefs, NLRA, NLRB, Quick Hits, Unions
This past Monday, National Labor Relations Board General Counsel Richard F. Griffin filed a brief arguing that the Board should overturn a 2007 decision that held that employees do not have a statutory right to use an employer’s email system for union organizing.  In particular, the GC is seeking to overturn the Register Guard decision … Continue Reading

SEIU Pushing Adjunct Unions In MN

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Tom Steward at Watchdog reports that the Service Employees International Union have chosen to cancel a union election at Macalester College in St. Paul, MN.  Accordingly, should the SEIU begin another organizing campaign, the union would have to refile an election petition with the National Labor Relations Board. However, the SEIU has had better luck … Continue Reading

Sen. Alexander Seeks To Nix Union Access To Company Emails

Posted in NLRA, NLRB, Quick Hits, Senate, Unions
Yesterday, Senator Lamar Alexander (R-TN) offered to propose amendments to an appropriations bill to preclude the National Labor Relations Board from requiring employers to allow labor unions to use company email systems in organizing efforts.  The amendments he intended to offer would also preclude unions from gaining access to employees’ personal cell phone numbers and email addresses. … Continue Reading

MN Charter School Unionizes

Posted in NLRA, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Earlier this week, @LRToday reported on a union vote at St. Paul’s Community School of Excellence in St. Paul, MN.  In an unsurprising development, teachers and faculty at the charter school have voted to join the Education Minnesota labor union.  In a short statement, an Education Minnesota official told reporters that the vote had been … Continue Reading