Labor Relations Today

Labor Relations Today

Category Archives: Unfair Labor Practices

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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
4598958791.  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 taken by the Board … Continue Reading

Board Investigating McDonalds For ULPs

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
The Huffington Post reports that the National Labor Relations Board has opened an investigation into whether a McDonalds franchise violated the National Labor Relations Act for terminating nine workers for allegedly supporting an employee unionization effort.  The Fast Food Workers Committee, an outside labor organization representing the fired workers, claims that nine McDonalds franchise employees … Continue Reading

Board Judge: Becker’s Appointment Valid

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices
This past week, a National Labor Relations Board Administrative Law Judge determined that a sushi manufacturer violated the National Labor Relations Act by seeking to compel individual arbitration proceedings of a wage-and-hour class action brought by a former employee.  In his decision, Judge Wedekind determined that Fuji Food Products had run afoul of the NLRB’s … Continue Reading

NLRB Regional Director Dismisses ULP Charge Against Pennsylvania Convention Center Authority

Posted in Duty to Bargain, NLRA, Quick Hits, State/Local Issues, Unfair Labor Practices
The Inquirer reports that Dennis P. Walsh, the Regional Director for Region 4 of the National Labor Relations Board, dismissed a charge filed by the Carpenters and Teamsters unions alleging that the Pennsylvania Convention Center Authority engaged in bad faith bargaining. In his decision dismissing the charge, Mr. Walsh stated that the unions provided evidence “supporting … Continue Reading

Board ALJ Finds Union Buttons Lawful

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, National Labor Relations Board Administrative Law Judge Jeffrey Wedekind ruled that employees at Pauma Casino in San Diego County, CA were allowed to wear pro-Union buttons while on the clock.  The decision held that Pauma Casino further violated the National Labor Relations Act by prohibiting its employees from wearing the buttons, which professed allegiance to … Continue Reading

Board Pushes OK Foods For Re-Run Election

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Last week, the director of the National Labor Relations Board’s region 14 sent a letter to OK Foods stating that the Board will issue a formal complaint against OK Foods if the chicken-processer does not allow a re-run election.  The letter provided that the Board has received 18 separate allegations that management officials committed unfair … Continue Reading

NLRB ALJ Addresses Employer Obligation to Bargain Over Discretionary Disciplinary Action

Posted in Duty to Bargain, NLRB Decisions, Unfair Labor Practices
dv496065aIn Alan Ritchey, Inc., 359 NLRB No. 40 (2012), the National Labor Relations Board held that during the period after a union is recognized but before a first contract is reached, an employer must bargain with the union before exercising its discretion to impose certain discipline such as suspensions, demotions, or discharges. However, the Board held … Continue Reading

MN Charter School Unionizes

Posted in NLRA, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Earlier this week, @LRToday reported on a union vote at St. Paul’s Community School of Excellence in St. Paul, MN.  In an unsurprising development, teachers and faculty at the charter school have voted to join the Education Minnesota labor union.  In a short statement, an Education Minnesota official told reporters that the vote had been … Continue Reading

Board GC Hints At Big Changes

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
This past Friday, National Labor Relations Board General Counsel Richard F. Griffin, Jr. participated in a conference on labor relations law at New York University School of Law.  During the conference GC Griffin made several comments that should make labor counsel sit up and take notice.  During his remarks, Griffin made it clear that one … 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

NLRB Finds Employee’s Profane and Insubordinate Conduct Shielded by Protected Activity

Posted in NLRB Decisions, Unfair Labor Practices
  On remand from the Ninth Circuit, the National Labor Relations Board in Plaza Auto Center, Inc., 360 NLRB No. 117 (2014), again found 2-1 that an employer violated the National Labor Relations Act by firing an employee for an outburst during which the employee used profanity and personally attacked the owner of the business. Specifically, … Continue Reading

Feds Argue Propriety Of Neutrality Pacts

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
The U.S. Department of Justice, the U.S. Department of Labor, and the National Labor Relations Board filed a joint statement of interest in the ongoing litigation surrounding the propriety of a “neutrality pact” between the United Auto Workers and Volkswagen this week, arguing that the pact did not violate the Labor Management Relations Act.  In … 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

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

NLRB: Results of Affirmative Deauthorization Election Not Effective Until Certified

Posted in NLRB Decisions, Unfair Labor Practices
In a decision issued on April 29, 2014, the National Labor Relations Board held that a union did not violate Section 8(b)(1)(A) of the Act by accepting union dues deducted from employees’ paychecks after those employees executed checkoff authorization revocations before the Board certified the results of a deauthorization vote. In United Workers of America, Local … Continue Reading

NLRB Invites Briefs on Employee Use of Employer’s Electronic Communication Systems

Posted in Amici Briefs, Bush Board Reversal, NLRA, Unfair Labor Practices
As noted back in February, the National Labor Relations Board’s General Counsel’s prosecutorial priorities included cases involving employees’ use of an employer’s email system. Currently, the Board’s Bush-era Register Guard decision governs these decisions, holding essentially that employers can issue a blanket-ban on employees using email systems for non-work purposes if that blanket-ban is non-discriminatory and consistently applied. The General … Continue Reading

NLRB Orders Employer to Repay Union’s Bargaining Costs

Posted in NLRB Decisions, Unfair Labor Practices
On April 14, 2014, the National Labor Relations Board issued an order in Fallbrook Hospital, 360 NLRB No. 73 (2014), modifying the remedy for an employer’s bad-faith bargaining conduct. The administrative law judge recommended, among other things, a 6-month extension of the certification union, but declined to grant the union’s request for reimbursement for its negotiation … Continue Reading

UAW Bows Out, Withdraws VW Election Challenge

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Senate, Unfair Labor Practices, Unions
This morning, the United Auto Workers announced that they will be withdrawing their objections to this past February’s union election at Volkswagen’s Chattanooga, TN plant.  Bob King, president of the UAW, cited TN Governor Bill Haslam and U.S. Sen. Bob Corker’s (R-TN) refusal to participate in the National Labor Relations Board’s investigation into the election. … Continue Reading

Sen. Corker To Snub Board Subpoena

Posted in Negotiations, NLRA, NLRB, Quick Hits, Representation Elections, Senate, Unfair Labor Practices, Unions
On the heels of yesterday’s announcement from TN Governor Bill Haslam’s office that the governor will ignore a subpoena from the National Labor Relations Board, the office of U.S. Senator Bob Corker (R-TN) has followed suit, stating that Sen. Corker will not be attending the NLRB hearing.  “Everyone understands that after a clear defeat, the … Continue Reading

@LRToday Morning Round-Up: April 10, 2014

Posted in Media Round-Up, NLRA, NLRB, Representation Elections, Senate, Unfair Labor Practices, Unions
Northwestern Files Appeal Of Election Decision: Kat Greene of Law360 ($$) reports that yesterday, in a move that surprised no one, Northwestern University appealed last month’s decision from the National Labor Relations Board’s regional director allowing the University’s football players to hold a union election.  The appeal argues that the full Board should review the … Continue Reading

@LRToday Morning Round-Up: April 9, 2014

Posted in Media Round-Up, NLRA, NLRB, Representation Elections, Unfair Labor Practices, Unions
Valero Nixes Social Media Rules To Placate Board: Alex Lawson of Law360 ($$) writes that yesterday, the National Labor Relations Board issued an announcement stating that Valero Energy Corp. had rescinded a company policy that allegedly impeded its employees’ ability to discuss their employment online.  While exact terms of the settlement were not available, the … Continue Reading

@LRToday Morning Round-Up: April 8, 2014

Posted in House of Representatives, Media Round-Up, NLRA, NLRB, NLRB Rule-Making, Representation Elections, Unfair Labor Practices, Unions
Board Declines GOP Request To Extend Election Comment Period: Ben James of Law360 ($$) writes that the National Labor Relations Board has declined a request from John Kline (R-MN), the chairman of the House Education and Workforce Committee, to extend the open comment period for the Board’s "quickie election" rule.  Board Chairman Mark Gaston Pearce, in a short … Continue Reading