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Labor Relations Today

Category Archives: Remedies

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@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

House of Representatives Passes Bill to Limit NLRB’s Remedial Authority

Posted in House of Representatives, Legislation, NLRA, Remedies, Unfair Labor Practices
The House of Representatives today passed The Protecting Jobs From Government Interference Act (H.R. 2587) which would prohibit the National Labor Relations Board from ordering any employer to close, relocate, or transfer a business. The bill, introduced by Rep. Tim Scott (R-SC), on July 19, 2011 passed the House by a vote of 238-186. The … Continue Reading

Board Rejects Newspaper’s First Amendment Defense, Orders Reinstatement of Fired Union Supporters Who Criticized Editorial Conduct

Posted in NLRB Decisions, Remedies, Unfair Labor Practices
The National Labor Relations Board unanimously found that a newspaper publisher committed unfair labor practices during a union organizing campaign — rejecting the employer’s novel argument that so doing would violate the First Amendment.  In Ampersand Publishing LLC d/b/a Santa Barbara News-Press, 357 NLRB No. 51 (Aug. 11, 2011), Chairman Wilma Liebman and Member Craig Becker, … Continue Reading

House Committee Passes Bill to Limit NLRB Remedial Authority

Posted in Alternative Labor Law Reform, House of Representatives, Legislation, NLRA, NLRB Decisions, Remedies
The House Committee on Education and the Workforce passed a bill yesterday that would prohibit the National Labor Relations Board from ordering any employer to close, relocate, or transfer a business. The Protecting Jobs from Government Interference Act (H.R. 2587), introduced by Rep. Tim Scott (R-SC), is aimed, in part, at stopping the NLRB from proceeding with its complaint against the Boeing … Continue Reading

Two New General Counsel Memoranda Seek to Expand NLRB’s Financial Remedies

Posted in Bush Board Reversal, NLRB Administration, NLRB Decisions, Remedies
Late last week, NLRB Acting General Counsel Lafe Solomon issued two Memoranda regarding expanded powers of the Board when it comes to monetary remedies.  Memorandum GC 11-08 (March 11, 2011) outlines new methods for calculating backpay in Board cases.  First, it explains how Regions are to compute backpay to include interest compounded daily, consistent with the Board’s change … Continue Reading

NLRB Acting General Counsel Directs Regional Offices to Include Default Language in All Settlement Agreements

Posted in NLRB Administration, Remedies, Unfair Labor Practices
In late 2010 and earlier this month, we observed that the NLRB was getting more aggressive in its enforcement of settlement agreements by including onerous "Default" or "Performance" language in some agreements.  This language generally required the employer to agree that in the event of alleged non-compliance with the settlement, all factual allegations in a re-issued … Continue Reading