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Labor Relations Today

Category Archives: NLRA

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Board Finds Deferral to Arbitration Inappropriate Where Employer Clearly Violated the Express Terms of the Collective Bargaining Agreement

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
In Oakland Physicians Medical Center, LLC, 362 NLRB No. 129 (July 22, 2015), the National Labor Relations Board both rejected the employer’s request for deferral to arbitration and found that the employer violated the National Labor Relations Act by making unilateral changes to employee health care coverage, including the premiums paid by the employees, during… Continue Reading

ALJ Holds That Successor Employer Violated NLRA By Failing To Hire Predecessor’s Union Employees

Posted in NLRA, Unfair Labor Practices, Unions
In Eastern Essential Services, (22-CA-133001, July 13, 2015), an ALJ found that a successor cleaning company violated the National Labor Relations Act when it refused to hire members of the predecessor’s cleaning crew due to their union affiliation. The employer, a janitorial cleaning service, took over the cleaning contracts for three buildings in New Jersey.  When the… Continue Reading

NLRB to Decide Whether It Can Impose Mixed Units of Both Solely and Jointly Employed Workers

Posted in NLRA, NLRB Decisions, Representation Elections
For those that have followed developments in labor law over the years, it should come as no surprise that the National Labor Relations Board is again visiting the issue of whether it can direct a representation election for a unit consisting of both jointly employed temporary workers and regular workers employed solely by the user… Continue Reading

Sixth Circuit Panel Criticizes NLRB Jurisdiction Over Indian Tribes, But Affirms Exercise

Posted in Federal Court Litigation, House of Representatives, NLRA, NLRB, Senate
When Congressional Subcommittee Chairman Phil Roe (R-TN) commenced a hearing last month on the Tribal Labor Sovereignty Act of 2015 (H.R. 511), he explained: The subjective nature of the [NLRB]’s process for determining jurisdiction has also produced a mess of legal confusion. Years of litigation have produced inconsistent and misguided board decisions, compounding the uncertainty… Continue Reading

The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015

Posted in Amici Briefs, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, NLRA, NLRB, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Representation Elections, Senate, State/Local Issues
road ahead1.  Will the Courts Uphold the New Expedited Election Rules? The National Labor Relation Board’s new expedited election rules took effect on April 14, 2015, but not before two lawsuits could be filed seeking to invalidate them in January 2015. The first lawsuit was filed by business groups, including the U.S. Chamber of Commerce, in… Continue Reading

Second Circuit: Transgender Discrimination Allegations State Duty of Fair Representation Claim Against Union

Posted in Federal Court Litigation, NLRA, Unions
The Court of Appeals for the Second Circuit recently reinstated a transgender construction worker’s duty of fair representation claims against an ironworkers union and two of its business agents.  In Fowlkes v. Ironworkers Local 40, et al., No. 12-336-cv (2d Cir. June 19, 2015), the appellate court held that the lower court was wrong to… Continue Reading

House, Senate Propose NLRB Budget Cuts and Policy Limitations

Posted in House of Representatives, NLRA, NLRB, NLRB Rule-Making, Senate
The House and Senate appropriations committees both advanced bills on June 17 and June 23, respectively, seeking to slash the National Labor Relations Board’s budget. The House’s bill seeks a 27 percent reduction, taking the NLRB’s current budget of $274 million down to $200 million. Meanwhile, the Senate bill proposes a ten percent reduction of… Continue Reading

NLRB Invalidates Conflict of Interest Rule

Posted in NLRA, NLRB Decisions, Unfair Labor Practices
The National Labor Relations found an employer’s conflict of interest rule invalid on its face in The Sheraton Anchorage, 362 NLRB No. 123 (June 18, 2015). In its employee handbook, the employer maintained a rule providing: “I understand that conflict of interest with the hotel or company is not permitted.” The rule was immediately adjacent to… Continue Reading

Student-Athletes Continue Push for “Employee” Status

Posted in Federal Court Litigation, NLRA, NLRB, Representation Elections
public-domain-images-archive-high-quality-resolution-free-download-splitshire-0008While student-athletes continue to prosecute their antitrust challenges to the NCAA, student athletes continue to fight a second front against the NCAA and its member institutions with legal challenges asserting that student athletes are employees and are thus entitled to all the benefits and protections of such status under federal and state laws. In October… Continue Reading

House Subcommittee Holds Hearing on Tribal Labor Sovereignty Act to Exclude Indian Government Employers From NLRA

Posted in House of Representatives, Legislation, NLRA, NLRB, State/Local Issues
A subcommittee of the House Committee on Education and the Workforce held a hearing on Tuesday, June 16, 2015 on H.R. 511, “The Tribal Labor Sovereignty Act of 2015.”  The bill, which has a counterpart, S. 248, in the Senate, would amend the National Labor Relations Act to expressly exclude tribal employers from the Act’s definition… Continue Reading

NLRB Judge Overturns Arbitrator’s Decision To Fire Racist Employee

Posted in NLRA, NLRB Administration, NLRB Decisions, Quick Hits, Remedies, Unfair Labor Practices, Unions
In a decision that should unsettle employers, a National Labor Relations Board administrative law judge ruled last week that Cooper Tire & Rubber violated the National Labor Relations Act by unlawfully terminating an employee who made racist statements on the picket line.  [Cooper Tire decision]  Even worse, Cooper Tire must offer to rehire the racist employee.… Continue Reading

Associated Builders Appeal Quickie Election Decision

Posted in Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Quick Hits
In a move that surprised absolutely nobody, business coalitions challenging the National Labor Relations Board’s controversial “quickie election” rules announced that they will appeal this week’s ruling out of Texas finding that the groups failed to prove that the rule violated both the Administrative Procedure Act and the National Labor Relations Act.  [Notice of Appeal]… Continue Reading

NLRB ALJ Reinstates Teacher Who Called Manager ‘Liar’, Then Lied About It

Posted in NLRA, NLRB Administration, Remedies, Unfair Labor Practices
National Labor Relations Board administrative law judge Arthur J. Amchan ruled that the Dalton School violated the National Labor Relations Act by unlawfully interrogating and terminating a theater teacher working for the prestigious New York school.  Dalton School, Case No. 2-CA-138611 (June 1, 2015). The Dalton School hired David Brune in 2001. He taught six… Continue Reading

NLRB Issues Charge Against Ikea

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, a representative for the United Food and Commercial Workers (UFCW) announced that the National Labor Relations Board has issued a complaint against Ikea USA.  While details remain sparse, the complaint alleges that Ikea unlawfully interrogated employees concerning their support for the UFCW, and also maintained an overly broad social media policy. An… Continue Reading

Ithaca Part-Timers Say Yes To Union

Posted in NLRA, Quick Hits, Representation Elections, Unions
Yesterday, part-time faculty working at Ithaca College in Ithaca, NY voted to join the Service Employees International Union (SEIU).  While a final voting tally was not reported, a union spokesperson stated that the union won the election by 119 votes. “A lot of people really want this union,” [an employee organizer] says. “It’s something we had a… Continue Reading

UAW Files ULP Charges Against Johnson Controls

Posted in NLRA, NLRB Misc., Quick Hits, Unfair Labor Practices, Unions
Gavin Jackson at The State reports that this week, the United Auto Workers filed unfair labor practice charges against Johnson Controls with the National Labor Relations Board.  The charges stem from Johnson Controls’ decision to withdraw its recognition of the UAW as its employees’ collective bargaining agent. The trouble started when management officials at Johnson Controls received… Continue Reading

NLRB Dismisses IAM Complaint Against Boeing

Posted in NLRA, NLRB Administration, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Earlier this month, Claude Harrell, the National Labor Relations Board’s regional director in Atlanta, announced that the Board was dismissing a complaint filed against the Boeing Company by the International Association of Machinists and Aerospace Workers (IAM).  The complaint, which was filed on April 17 after the IAM wrapped up an unsuccessful organizing campaign at Boeing’s Charleston, SC… Continue Reading

Board ALJ Raps IAM For Threatening Dissidents

Posted in NLRA, NLRB Administration, Quick Hits, Unfair Labor Practices, Unions
A National Labor Relations Board administrative law judge ruled recently that the International Association of Machinists Local 839 engaged in unlawful threats of violence against union dissidents.  The IAM was also found to have unlawfully sought the termination of two non-members from Spirit Aerosystems in Wichita, KS. The two union dissidents, Lehman and Kastens, previously… Continue Reading

Board Dismisses Six ULP Charges Against Am. Apparel

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the National Labor Relations Board issued a statement announcing that it was dropping six unfair labor practice complaints filed against American Apparel, Inc.  The complaints were purportedly dismissed due to a “lack of cooperation” from the filers. The attorney for the filing employees, Keith Fink, stated that the charges would be re-filed within the next… Continue Reading

Sherwin Lockout Legal

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, a regional director for the National Labor Relations Board dismissed charges alleging that Sherwin Alumina’s lockout of 450 employees violated the National Labor Relations Act.  The charges, filed by the United Steel Workers last October, complained that the company unlawfully locked out employees working at its Corpus Christi, TX facility in bad faith.… Continue Reading

Board Fights Back Against Quickie Election Challenge

Posted in Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections
The National Labor Relations Board filed a notice of supplemental authority with the D.C. Circuit in defense of the Board’s controversial “quickie election” rules, arguing that the court’s recent decision in Nam v. Perez should govern the instant matter: “The [NAM v. Perez] decision … addresses and rejects arguments substantially identical to those raised by… Continue Reading

Board Issues Complaint Against NJ Nursing Home Chain

Posted in NLRA, NLRB Misc., Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board issued a complaint against Alaris Health, a New Jersey-based nursing home chain.  The complaint, which accuses Alaris of a litany of unfair labor practices, stems from actions the company allegedly took against its employees during a labor strike. Per the complaint, Alaris’ employees went on strike in September 2014 in protest… Continue Reading

Board Nixes Honda Dress Policy

Posted in NLRA, NLRB, NLRB Decisions, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board ruled that a Honda car dealership violated the National Labor Relations Act by promulgating unlawful work rules.  Specifically, the dealership maintained an overly broad dress code and unlawfully prohibited employees from wearing pins. In a split decision, member Kent Hirozawa and Chairman Mark Pearce determined that the employer… Continue Reading

Con-Way Says No To Teamsters

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Earlier this week, employees working at Con-Way Freight in Buffalo, New York voted not to join the International Brotherhood of Teamsters (IBT).  The Teamsters’ loss at Con-Way represents its sixth organizing defeat at the company.  The union has also withdrawn two other petitions prior to a vote being held. The president of Con-Way issued a… Continue Reading