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Labor Relations Today

Category Archives: Remedies

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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

@LRToday Morning Round-Up: March 6, 2014

Posted in Media Round-Up, Negotiations, NLRB Misc., Remedies, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Maine Pot Shop Settles ULPs: Joshua Rhett Miller of Fox News reports that the National Labor Relations Board has approved of a settlement between employees and management officials at the Wellness Connection of Maine, a dispensary that sells medical marijuana to registered patients.  This represents the first time the NLRB has inserted itself into a dispute involving a … Continue Reading

@LRToday Morning Round-Up: January 24, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, NLRB Misc., Remedies, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Title VII Applies to Labor Unions, Says 7th Circuit: Kat Greene of Law360 ($$) writes that yesterday, the Seventh Circuit Court of Appeals overturned a district court ruling that held that Title VII did not apply to labor unions.  In pertinent part, the Seventh Circuit determined that the district court did not "fully consider" the rationale behind the law when … Continue Reading

@LRToday Morning Round-Up: January 15, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Pensions, Remedies, Social Media, State/Local Issues, Unfair Labor Practices, Unions
ALJ Finds Dress Policy Unlawful: Ben James of Law360 ($$) writes that this past Monday, a National Labor Relations Board Administrative Law Judge found that a Massachusetts Honda dealer’s dress policy violated the National Labor Relations Act.  The ALJ also held that the dealer had further maintained unlawful policies in its handbook regarding social media, although those … Continue Reading

Labor Relations Today Releases ‘Labor Law 2013: A Year in Review’

Posted in Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Filibuster, Government Contracting, House of Representatives, Legislation, Negotiations, NLRA, 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 2013: A Year In Review.  This marks the third straight year that we have produced this annual review of developments in traditional labor law and labor-management relations.  2013 began with unprecedented uncertainty, as several federal courts repudiated the authority of the National Labor Relations Board … Continue Reading

@LRToday Morning Round-Up: December 30, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Misc., Remedies, Unfair Labor Practices, Unions
Judge Holds Healthbridge In Contempt: The Milford Mirror reports that last week, a U.S. District Court judge found management officials at Healthbridge in contempt of court.  The judge further ordered the company to pay back wages and benefits to over 600 nurses and support staff working for five separate Connecticut nursing homes.  The judge’s contempt finding … Continue Reading

@LRToday Morning Round-Up: October 28, 2013

Posted in Legislation, Media Round-Up, Negotiations, NLRB Decisions, Remedies, State/Local Issues, Unfair Labor Practices, Unions
Board Orders Senior Center To Give Up Wage Info: Joshua Alston of Law360 ($$) reports that last week, the National Labor Relations Board ruled that a senior residential care facility in New Jersey would have to provide the Service Employees International Union (SEIU) with certain wage and hour information.  In particular, the NLRB held that Bristol Manor Health Care Center would … Continue Reading

@LRToday Morning Round-Up: February 15, 2013

Posted in Media Round-Up, Negotiations, Remedies, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
El Paso Nurses Choose NNOC as Bargaining Agent: Vic Kolenc of the El-Paso Times reports that nurses at Sierra Medical Center in El Paso, TX have voted to select the National Nurses Organizing Committee (NNOC) as their exclusive bargaining representative. The nurses voted Tuesday, with the union winning by about 40 votes (113-74).  A Sierra spokesperson expressed her disappointment … Continue Reading

Labor Relations Today Releases ‘Labor Law 2012: A Year in Review’

Posted in Federal Court Litigation, House of Representatives, Legislation, Media Round-Up, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
It was going to be hard to top 2011 in terms of unique and dynamic labor law developments. But 2012 may just have lived up to the task. Seeking to ensure that the Board would have a quorum to operate during the year, on January 4, 2012, President Obama attempted the "recess" appointment of three … Continue Reading

AGC Modifies Policy to Allow NLRB Settlement Agreements To Include Front Pay In Lieu of Reinstatement

Posted in NLRB Administration, Remedies, Unfair Labor Practices
In a departure from long-standing agency policy, NLRB Acting General Counsel issued Memorandum GC 13-2 on January 9, 2013, outlining a modified agency approach that allows front pay in lieu of reinstatement to be included in Board settlements. Although agreements providing for monetary compensation in exchange for waiver of reinstatement occur routinely among parties in … Continue Reading

National Labor Relations Board Rules Employers Must Bear the Burdens of Extra Taxes, Reporting Requirements Arising From Lump-Sum Backpay Awards

Posted in NLRB Decisions, Remedies
On Tuesday, December 18, 2012, the National Labor Relations Board ruled in Latino Express, Inc., 359 NLRB No. 44 (2012), that employers will now be required to compensate workers for any extra taxes resulting from lump-sum backpay awards. The Board further held that when issuing backpay awards, employers must report the pay to the Social … Continue Reading

Labor Relations Today Releases “Labor Law 2011: A Very Active Year in Review”

Posted in Executive Orders, Federal Court Litigation, Government Contracting, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, White House
2011 was the most dynamic year in labor law in quite some time.  Fueling many of the changes last year were the impending departures of National Labor Relations Board Chairman Wilma Liebman and Member Craig Becker. With no certainty as to when Liebman or Becker might be properly replaced, the Board acted aggressively while it … Continue Reading