Labor Relations Today

Labor Relations Today

Category Archives: Remedies

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NLRB Axes Traditional Treatment of Search-for-Work and Interim Employment Expenses

Posted in NLRB, NLRB Decisions, Remedies
For nearly eighty years, when awarding back pay to unlawfully terminated employees, the National Labor Relations Board (the “Board”) treated search-for-work and interim employment expenses (“search-for-work expenses”) as an offset to interim earnings. With yesterday’s decision in King Soopers, Inc., 364 NLRB No. 93 (August 24, 2016), the Board announced that it will no longer… Continue Reading

NLRB Invites Briefs on Whether Revise Its Treatment of Search-for-Work Expenses as Part of the Make-Whole Remedy

Posted in Amici Briefs, NLRB, Remedies
On February 19, 2016, the National Labor Relations Board (the “Board”) invited briefs from interested parties in a case considering whether the Board should revise its treatment of search-for-work expenses and interim employment expenses as part of the make-whole remedy for unlawfully discharged employees. For decades, the Board has treated an unlawfully discharged employee’s reasonable… Continue Reading

Tenth Circuit Affirms National Labor Relations Board’s Decision to Disregard Interim Earnings When Calculating Backpay Award.

Posted in Federal Court Litigation, NLRA, Remedies
On January 20, 2016, the Tenth Circuit Court of Appeals affirmed the National Labor Relations Board’s (the “Board”) decision to disregard interim earnings when calculating the backpay awards for employees whose injuries fell short of unlawful termination. NLRB v. Community Health Services, Inc., No. 14-9614 (10th Cir. Jan. 20, 2016).  Rejecting the employer’s argument that… Continue Reading

Labor Relations Today Issues ‘Labor Law 2015: Year in Review’

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, Bush Board Reversal, Card Check, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Law 2015: A Year In Review. For most of 2015, the National Labor Relations Board consisted of five members and the general counsel — all Senate-confirmed. This Board and the White House continued aggressive efforts to overhaul traditional labor law administratively,… Continue Reading

Senator Sanders (I/D-VT) Re-Introduces Employee Free Choice Act

Posted in Card Check, EFCA, House of Representatives, Interest Arbitration, Legislation, NLRA, Remedies, Representation Elections, Senate, White House
At a press conference on the afternoon of Tuesday, October 6, 2015, Democratic presidential candidate Senator Bernie Sanders of Vermont announced that he and Rep. Mark Pocan (D-WI) would introduce the “Workplace Democracy Act” (S. 2142, H.R. 3690). This bill would amend the National Labor Relations Act to facilitate union organizing by requiring certification based on “card check” —… Continue Reading

More About the Workplace Action for a Growing Economy (WAGE) Act (S. 2402)

Posted in Beyond EFCA: Labor's Agenda, Legislation, Legislative Strategy, NLRA, Remedies, Unions
Here is the text of the bill. Here is our red-lined version of the NLRA incorporating the revisions proposed by the bill. Here is the AFL-CIO blog post urging its passage. Here is Richard Trumka’s blog piece in The Hill today. Here is a Fact Sheet provided by Rep. Susan Davis (D-CA). Collected media coverage:… Continue Reading

Democrats Introduce Bill To Increase Dramatically NLRA Penalties Against Employers

Posted in Beyond EFCA: Labor's Agenda, EFCA, Legislation, NLRA, Remedies, Representation Elections, Unions
On Thursday, September 17, 2015, Senator Patty Murray (D-WA) and Representative Bobby Scott (D-WA) introduced the Workplace Action for a Growing Economy (WAGE) Act (S. 2042).  The bill, promoting collective-bargaining and labor unions by drastically enhancing penalties against employers under the National Labor Relations Act, is being proposed primarily as an election season litmus test, with… Continue Reading

National Labor Relations Board Declines to Order Make-Whole Remedy in Twenty Year Old Dues Check-Off Dispute

Posted in NLRA, NLRB, NLRB Decisions, Remedies
On September 10, 2015, the National Labor Relations Board (the “Board”) ended a twenty (20) year old dispute over union dues deductions. Hacienda Hotel, Inc. Gaming Corp., 363 NLRB No. 7 (Sept. 10, 2015). The Board adopted the Ninth Circuit Court of Appeals’ (the “Ninth Circuit”) ruling that the employer violated the National Labor Relations… 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 Raps Hospital For Unilateral Change

Posted in NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, the Pennsylvania Association of Staff Nurses announced that the National Labor Relations Board found ACMH Hospital guilty of committing certain unfair labor practices.  Specifically, the Board held that ACMH illegally discontinued its practice of allowing its technicians and LPNs to make their own schedules.  The ruling gives the Hospital until Friday to comply. In a short statement,… Continue Reading

Board Nixes Dealership’s 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 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 had… Continue Reading

Longshoremen Hit With $60K Fine

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, U.S. District Court Judge Michael Simon ordered the International Longshore and Warehouse Union to pay almost $60,000 to the National Labor Relations Board because the union engaged in unlawful activity at the Port of Portland.  Per a ruling from Judge Simon rendered in 2012, the union organized a work slowdown while in the midst of a… 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

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

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