Labor Relations Today

Labor Relations Today

Category Archives: NLRB Administration

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Quick Hits: Tuesday, July 14, 2015

Posted in Federal Court Litigation, NLRB Administration, Quick Hits, Representation Elections, Unions
#SEIUElectionFail:  Michael Vandevort reports on an interesting recent case where an NLRB ballot was invalidated on the basis of a contemporaneous Tweet. Voting in a mail ballot election, open April and May, the eligible employee voted for the union, and announced that fact by posting a photo of herself filling out the ballot on Twitter (pictured).  According to the… 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

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 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

Coalitions Opposed To Quickie-Election Regs Address Ripeness Issue

Posted in Federal Court Litigation, NLRB, NLRB Administration, Quick Hits
Last week, a business coalition seeking to nix [sub. req.] the National Labor Relations Board’s controversial new quickie-election regulations filed post-hearing letters in Texas district court, contending that their claim against the rules has undoubtedly ripened because the rule has now been implemented.  The regulations went live on April 14th: since that date, more than 140 election petitions have… Continue Reading

NLRB General Counsel Takes Aggressive Stance to Address Immigration Issues

Posted in NLRA, NLRB, NLRB Administration, Remedies, Unfair Labor Practices
454172307On the heels of the President’s executive action on immigration, Richard Griffin, the National Labor Relations Board’s General Counsel, issued GC Memorandum 15-03 on February 27, 2015 providing updated procedures to address issues that might arise in the investigation and prosecution of unfair labor practice cases involving employees’ immigration status. The NLRB’s new procedures are… Continue Reading

NLRB to Begin Training Staff on New Quickie Election Rules

Posted in Federal Court Litigation, NLRB, NLRB Administration, NLRB Rule-Making, Representation Elections, White House
The National Labor Relations Board’s new election rules go into effect April 14, and Deputy General Counsel Jennifer Abruzzo announced ($) that training on those rules for regional office employees will begin in Washington on March 16. The NLRB’s regional offices will also offer educational meetings to labor law practitioners March 23 through April 13. The… Continue Reading

Labor Relations Today Releases ‘Labor Law 2014: A Year in Review’

Posted in Alternative Labor Law Reform, Amici Briefs, Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2014: A Year In Review. This marks the fourth straight year that we have produced this annual review of developments in traditional labor law and labor-management relations. 2014 ushered in a National Labor Relations Board with more prospective stability than in recent years as the seats… Continue Reading

Board ALJ Reinstates Worker Who Complained Of Pot Smoke

Posted in NLRA, NLRB Administration, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, National Labor Relations Board administrative law judge ($$) Mary Cracraft ruled that Circus Circus Casinos Inc. violated the National Labor Relations Act by terminating an employee who complained about exposure to secondhand marijuana smoke.  The employee, a journeyman carpenter working on guest rooms at the hotel, apparently complained during a group meeting about… Continue Reading

National Labor Relations Board Narrows Arbitral Deferral Standards.

Posted in NLRB Administration, NLRB Decisions, Uncategorized, Unfair Labor Practices
​In yet another holiday “gift”, on December 15, the National Labor Relations Board issued its decision in the closely watched Babcock & Wilcox case, reversing 30+ years of NLRB precedent on whether the NLRB will defer an unfair labor practice charge to a parallel arbitration award. ​The NLRB has a long history of deferring an… Continue Reading

National Labor Relations Board Issues Final Rule Expediting Union Representation Elections

Posted in Beyond EFCA: Labor's Agenda, Expedited Elections, NLRA, NLRB Administration, NLRB Decisions, Representation Elections, Unions
On the heels of yesterday’s Purple Communications, Inc. decision, the National Labor Relations Board today has taken more significant measures to facilitate union organizing.  The Board today has announced issuance of its final rule overhauling representation election procedures to expedite union representation elections. The Board rule contains many of the same controversial measures published in… Continue Reading

Board Judge Rules Cablevision Committed ULPs

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Unfair Labor Practices, Unions
In a lengthy decision issued last week, National Labor Relations Board Administrative Law Judge Steven Fish ruled that Cablevision violated the National Labor Relations Act.  In pertinent part, the ALJ held that Cablevision committed unfair labor practices by refusing to pay back pay to reinstated workers who had been improperly terminated and also by offering bonuses to… 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

Mid-Terms Aftershock: President Obama Pulls Sharon Block’s Nomination, Nominates Senate Lawyer to NLRB

Posted in NLRB, NLRB Administration, Presidential Appointments, Senate, White House
In a surprising move yesterday, President Obama withdrew the nomination of Sharon Block to the National Labor Relations Board because of Republican objections. Block previously served on the Board from early 2012 to mid-2013 under a recess appointment, which was ruled unconstitutional by the Supreme Court in Noel Canning in June of this year. Despite strong Republican opposition… 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

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

Board ALJ Nixes Burger King Access Policy

Posted in NLRA, NLRB Administration, Quick Hits, Unfair Labor Practices
National Labor Relations Board Administrative Law Judge Arthur Amchan determined this week that a Detroit-area Burger King franchisee violated the National Labor Relations Act by barring off-duty employees from its premises.  The franchisee also violated the Act by prohibiting union solicitations on its property. The Burger King franchisee, known as EYM King of Michigan LLC, runs… Continue Reading

Does the National Labor Relations Board’s Recent Ratification Announcement Have Any Impact on Actions Invalidated by Noel Canning?

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Uncategorized
  On August 4, 2014, the National Labor Relations Board announced that it had ratified all of the “administrative, personnel, and procurement matters taken by the Board from January 4, 2012 to August 5, 2013“.  This coincides with the time period during which the Supreme Court’s Noel Canning decision held the Board operated without a… 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

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