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Category Archives: Remedies

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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

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

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

MI Teachers Union Can’t Enforce Member ‘Opt-Out Window’

Posted in Negotiations, Quick Hits, Remedies, Unfair Labor Practices, Unions
A decision issued by the Michigan Employment Relations Commission (MERC) nixed the Michigan Education Association’s (the Union) rule that members can only opt out of the Union during the month of August.  Administrative Law Judge Julia Stern reasoned that the Union violated Michigan state law by preventing teachers and staff who wanted to leave the Union’s ranks from … Continue Reading

NCAA Asks 9th Circuit To Review O’Bannon Case

Posted in Federal Court Litigation, Negotiations, Quick Hits, Remedies
In an unsurprising move, the National Collegiate Athletic Association (the NCAA) asked the Ninth Circuit Court of Appeals on Wednesday to review Judge Wilken’s decision in the O’Bannon case.  The reader may recall that on August 8, U.S. District Court Judge Claudia Wilken determined that the NCAA was violating antitrust laws by barring college athletes from receiving … Continue Reading

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

Parties Propose Joint Order To Resolve O’Bannon Pay Issue

Posted in Federal Court Litigation, Negotiations, Quick Hits, Remedies
Late last week, the parties to the now-famous Ed O’Bannon case out in California submitted a joint proposed Order to U.S. District Judge Claudia Wilken regarding when the court’s injunction prohibiting certain NCAA pay practices should kick in.  The reader may recall that Judge Wilken ruled in favor of a group of student athletes that … Continue Reading

Players Seek Clarity In O’Bannon Ruling

Posted in Federal Court Litigation, Quick Hits, Remedies
This past Tuesday, student athletes who will be directly affected by the now-famous O’Bannon case out of California have asked the presiding judge to specify that the decision will apply to both current and incoming students when an injunction barring the NCAA from prohibiting student athlete compensation kicks in next year.  In the case, the … 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

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

Board Nixes Confidentiality Rule, But Approves Firing Rule Breaker

Posted in NLRA, NLRB, Remedies, Unfair Labor Practices
On May 30, 2014, the National Labor Relations Board ruled that terminating an employee for deliberately violating an overbroad and unlawful confidentiality rule did not run afoul of the National Labor Relations Act. Flex Frac Logistics, LLC, 360 NLRB No. 120 (May 30, 2014). In a supplemental decision, Members Miscimarra, Hirozawa, and Schiffer agreed with the Administrative … Continue Reading

Board ALJ Dings Union For Slowdowns

Posted in NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, a National Labor Relations Board Administrative Law Judge found that the International Longshore and Warehouse Union (ILWU), locals 8 and 40, violated federal labor law by engaging in intentional work slowdowns at Terminal 6 in North Portland, OR. Over the past two years, representatives of the Port of Portland had become increasingly concerned … Continue Reading

Board ALJ Nixes Hooters Work Rules

Posted in NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices
This past Monday, National Labor Relations Board Administrative Law Judge William Nelson Cates held that a Hooters Restaurant franchise illegally fired a waitress who voiced complaints about a bikini context.  Judge Cates also determined that nine separate work rules in the franchise’s employee handbook were unlawful.  Accordingly, the franchise must now reinstate the employee, with … Continue Reading

Fast Food Strike Hits 33 Countries

Posted in Negotiations, Quick Hits, Remedies, Unions
Yesterday, employees at fast food restaurants in 150 U.S. cities and 33 different countries went on strike to protest what they believe to be unfair wages and substandard working conditions.  Known colloquially as the “Fight for $15,” the goal of the campaign is to raise awareness of the employees’ wages in order to “shame” their … Continue Reading

Kellogg’s Lockout In Court

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
This morning, a federal judge in Tennessee will begin to hear testimony regarding whether Kellogg’s illegally locked out workers at its Memphis, TN plant.  The lockout, now in its seventh month, has kept Kellogg’s employees without paychecks since October of 2013.  The union contends that Kellogg’s is planning to bring in cheaper labor in violation of … Continue Reading

@LRToday Morning Round-Up: April 4, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
NW Football Election Set For April 25: Abigail Rubenstein of Law360($$) reports that Northwestern University football players will vote on April 25 of this year on whether to be represented by a union.  The election date was confirmed yesterday by National Labor Relations Board regional director Peter Sung Ohr.  Importantly, the results may stay secret for some … Continue Reading

@LRToday Morning Round-Up: April 3, 2014

Posted in Media Round-Up, Negotiations, NLRA, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
NW Football Hits The Hill: Tom Raum and Kimberly Heffling of the Associated Press report that yesterday, the Northwestern football players seeking to unionize took to Capitol Hill in an attempt to persuade lawmakers that they should be allowed bargain collectively.  While the collective bargaining rights of college athletes is not currently an issue before Congress, the … Continue Reading

@LRToday Morning Round-Up: March 25, 2014

Posted in Media Round-Up, Negotiations, NLRB, Remedies, Representation Elections, Senate, Unions
Sodexo Employees Join UFCW At TCU: Daniel Salazar of TCU360.com reports that last night, employees working for Sodexo at Texas Christian University voted to join the United Food and Commercial Workers (UFCW) for the purpose of collective bargaining.  The petition for election was filed on February 10 and the final vote count was 89 for, 63 against.  … Continue Reading

@LRToday Morning Round-Up: March 24, 2014

Posted in Media Round-Up, Negotiations, NLRA, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
Public Opinion Against Paying College Athletes, Poll Finds: Alex Prewitt of the Washington Post reports that findings in a recent poll conducted by ABC News and the Washington Post reveal that almost two-thirds of the general public oppose paying college athletes more money than the scholarships they are currently offered.  The numbers will be a boost to the … Continue Reading

@LRToday Morning Round-Up: March 14, 2014

Posted in Federal Court Litigation, Media Round-Up, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
Board Seeks Rehearing On 5th Circuit’s D.R. Horton Ruling: Abigail Rubenstein of Law360 ($$) writes that yesterday, the National Labor Relations Board asked the 5th Circuit to rehear the appeal of the Board’s now-infamous D.R. Horton decision.  Arguing that the 5th Circuit had misinterpreted Supreme Court precedent, the Board’s position appears to be that the cases the 5th Circuit relied … Continue Reading

@LRToday Morning Round-Up: March 13, 2014

Posted in Media Round-Up, Negotiations, NLRB Administration, Remedies, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
UAW Rages Over NLRB Intervention Decision: Ben James of Law360 ($$) writes that yesterday, the United Auto Workers issued a strong statement railing against the National Labor Relations Board regional director’s decision to allow several anti-union employees to intervene in the union’s bid to nix last month’s election loss.  Calling the ruling an "outrage," the union vowed to appeal the … Continue Reading