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Labor Relations Today

Category Archives: Unfair Labor Practices

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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

Muskegon Family Care Settles ULPs

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, Muskegon Family Care settled several unfair labor practice charges filed by the American Federation of State County and Municipal Employees (AFSCME) after Muskegon terminated four employees earlier this year.  While the terms of the settlement were not made immediately available, a spokesperson for the union stated that the terminated employees would receive undisclosed … Continue Reading

ALJ Nixes Another Arbitration Agreement

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices
Earlier this week, a National Labor Relations Board Administrative Law Judge held that Ross Stores Inc. violated the National Labor Relations Act by maintaining an unlawful arbitration agreement.  In pertinent part, Judge Pollack ruled that Ross ran afoul of the Act by forcing employees to sign an arbitration agreement that prohibited employees from pursuing either … Continue Reading

FairPoint Strikers Accused Of Illegal Tactics

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, FairPoint Communications officials located in northern New England accused its striking workers of not playing fair.  The more than 1,700 striking employees, represented by the Communications Workers of America (CWA) and the International Brotherhood of Electrical Workers (IBEW), have allegedly intimidated contractors and regular FairPoint employees with their threatening behavior.  The strikers … Continue Reading

ALJs Signal That D.R. Horton Is Alive And Well

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Uncategorized, Unfair Labor Practices, Unions
At the end of last week, two separate National Labor Relations Board Administrative Law Judges determined that two separate employer-promulgated arbitration agreements were unlawful.  The reader may recall the Board’s now-infamous D.R. Horton ruling, which effectively held that an employer violates the National Labor Relations Act by forcing employees to sign an arbitration agreement that … Continue Reading

Truckers Reinstated Pending Outcome Of Labor Dispute

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Yesterday, U.S. District Court Judge Philip S. Gutierrez ordered Green Fleet Systems to reinstate two Los Angeles Harbor-based truckers who allege they were terminated in the midst of a labor dispute.  The Judge’s Order requires Green Fleet to reinstate the two workers during the pendency of proceedings before the National Labor Relations Board.  In the … Continue Reading

CWA Files ULP Charges Against SEIU

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
The Communications Workers of America (CWA) has filed a complaint with the National Labor Relations Board, alleging in pertinent part that the Service Employees International Union (SEIU) has been contracting out union work in the run-up to the November elections.  The CWA represents employees who work for the SEIU’s Local 1021, which is very politically active in … Continue Reading

UAW Hit With ULP Charges

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Right to Work Legal Defense Foundation filed unfair labor practice charges against the United Auto Workers union on behalf of a truck driver who alleged that the union has been trying to stop her from exercising her right not to join the union.  In a statement filed by the National Right … Continue Reading

Board Rubber-Stamps Pair Of Recess-Appointment Decisions

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections, SCOTUS, Unfair Labor Practices, Unions
The fall-out from the Supreme Court’s recent Noel Canning ruling continues.  Last week, the National Labor Relations Board revisited two cases that were brought back to life after the Supreme Court determined that the Board was unlawfully constituted when they were originally decided. Not surprisingly, the Board entered summary judgments against both Enterprise and Huntington … Continue Reading

Board ALJ Nixes Burger King Access Policy

Posted in NLRA, NLRB Administration, Quick Hits, Unfair Labor Practices
National Labor Relations Board Administrative Law Judge Arthur Amchan determined this week that a Detroit-area Burger King franchisee violated the National Labor Relations Act by barring off-duty employees from its premises.  The franchisee also violated the Act by prohibiting union solicitations on its property. The Burger King franchisee, known as EYM King of Michigan LLC, runs … Continue Reading

Bravo Media Hit With ULP Charges

Posted in Negotiations, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Yesterday, the International Alliance of Theatrical Stage Employees filed unfair labor practice charges against Bravo Media with the National Labor Relations Board.  In pertinent part, the charge alleges that Bravo threatened to fire the editorial crew of the hit television show “Shahs of Sunset” because crew members have been on strike since September 10.  The … Continue Reading

RD Seeks Contempt Finding Against ILWU

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, National Labor Relations Board regional director Ronald Hooks filed a motion in federal court asking the judge to find the International Longshore and Warehouse Union in contempt for continuing an unlawful work slowdown at the Port of Portland.  The motion contends that the union has repeatedly ignored a 2012 court order directing the ILWU to end … Continue Reading

CNN Appeals Board Reinstatement Order

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the National Labor Relations Board ruled that CNN must reinstate over 100 unionized workers who were laid off in a restructuring more than 10 years ago.  And CNN is also required to pay those workers for lost pay and benefits stemming from their unlawful termination. The dispute in question arose in 2003, … Continue Reading

New Vista Asks Third Circuit To Hold Hearing In Abeyance

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Yesterday, New Vista Nursing and Rehabilitation LLC asked the Third Circuit to hold the re-hearing of a prior 2-1 Third Circuit decision in abeyance until the National Labor Relations Board has an opportunity to pass on the questions involved.  The case at issue began in March of 2012 when recess-appointed Board members Craig Becker, Sharon Block, and Richard … Continue Reading

Decertification Fight At Cablevision Turns Nasty

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, the Communications Workers of America (CWA) accused Cablevision management officials of attempting to intimidate its employees into voting to decertify the CWA as the employee’s exclusive bargaining agent.  In a statement, CWA alleged that Cablevision has engaged in a pattern of mass-firings and bad-faith bargaining, among other things, in order to break employee … Continue Reading

UNITE HERE Rallies At Alaska Hotel

Posted in Negotiations, NLRA, Quick Hits, Unfair Labor Practices, Unions
Yesterday, members of UNITE HERE Local 878 staged a rally in front of the Sheraton Anchorage Hotel in Anchorage, Alaska demanding that management officials renegotiate their current labor agreement.  Approximately 150 protesters chanted while walking around the hotel during business hours. Trouble began in 2008, when management and union officials began, but did not finish, … 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

Board Orders Hospital To Pay Union’s Bargaining Costs

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Employers take heed: the Board has signaled that refusing to bargain comes with costs. In Hospital of Barstow, Inc., 361 NLRB No. 34 (Aug. 29, 2014), the National Labor Relations Board found that Barstow Community Hospital violated Sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act by refusing to submit proposals or counterproposals during … Continue Reading

FairPoint Communications Declares Impasse In Bargaining

Posted in Negotiations, Quick Hits, Unfair Labor Practices, Unions
FairPoint Communications has announced that it has declared impasse in its negotiations with the International Brotherhood of Electrical Workers (IBEW) after contract negotiations between the parties failed to produce an agreement.  Accordingly, FairPoint will now begin unilaterally implementing the terms of its most recent contract offer to the union.  FairPoint will begin moving its current … Continue Reading

Employers Face High Hurdle To Show Employee Communications Concerning Labor Disputes Unprotected

Posted in NLRA, NLRB, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board upheld an Administrative Law Judge’s decision that a Jimmy John’s franchisor violated the National Labor Relations Act for disciplining and discharging several employees who were engaged in protected and concerted activity. In MikLin Enterprises, Inc., 361 NLRB No. 27 (Aug. 21, 2014), the Board determined that Respondent MikLin … Continue Reading

Federal District Court Begrudgingly Enforces “Overly Broad and Unfocused” NLRB Subpoenas

Posted in Federal Court Litigation, Subpoenas, Unfair Labor Practices
On August 22, 2014, United States District Court Judge Arthur J. Schwab granted the National Labor Relations Board’s application to enforce three subpoenas served on UPMC in an unfair labor practice case despite the fact that the subpoenas were overly “broad and unfocused.” The underlying unfair labor practice stemmed from a union organizing drive at UPMC … 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