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Labor Relations Today

Category Archives: Unfair Labor Practices

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National Labor Relations Board Issues Complaints in 13 Cases Against Multiple Franchises and McDonald’s as Joint Employers

Posted in NLRA, NLRB Decisions, Unfair Labor Practices
In a post this morning, we noted that the Board has still not issued its decision in the Browning-Ferris case, wherein it is considering whether to preserve or discard its decades-old standard for determining “joint employment” standard.  Undeterred by the fact that the current state of the law does not support his case, the Board’s … Continue Reading

(Im)Patiently Waiting on Browning-Ferris

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
While several major National Labor Relations Board decisions came out over the last ten days, labor watchers are still waiting on the Browning-Ferris ruling with baited breath. As we have discussed previously, the Browning-Ferris decision could fundamentally alter how the Board determines whether a given entity is a “joint employer” under the National Labor Relations … Continue Reading

National Labor Relations Board Narrows Arbitral Deferral Standards.

Posted in NLRB Administration, NLRB Decisions, Uncategorized, Unfair Labor Practices
​In yet another holiday “gift”, on December 15, the National Labor Relations Board issued its decision in the closely watched Babcock & Wilcox case, reversing 30+ years of NLRB precedent on whether the NLRB will defer an unfair labor practice charge to a parallel arbitration award. ​The NLRB has a long history of deferring an … Continue Reading

NLRB Grants Employees New Right To Use Employer Email Systems For Organizing Activities

Posted in NLRA, NLRB, Unfair Labor Practices, Unions
As we previewed here earlier today, the National Labor Relations Board has issued the remainder of the Purple Communications decision. The ruling, found at 361 NLRB No. 126 (Dec. 11, 2014), in effect creates a new substantive right of employees to use an employer’s computer networks and email systems to engage in union organizing. Respondent … Continue Reading

Board ALJ Hits Walmart With ULPs

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Yesterday, the National Labor Relations Board released Administrative Law Judge Geoffrey Carter’s decision finding that Walmart managers in California committed several unfair labor practices.  In pertinent part, ALJ Carter ruled that Walmart’s managers had illegally disciplined employees for engaging in a one-day strike.  The managers also violated the National Labor Relations Act by making threats to shut … Continue Reading

Board Judge Rules Cablevision Committed ULPs

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Unfair Labor Practices, Unions
In a lengthy decision issued last week, National Labor Relations Board Administrative Law Judge Steven Fish ruled that Cablevision violated the National Labor Relations Act.  In pertinent part, the ALJ held that Cablevision committed unfair labor practices by refusing to pay back pay to reinstated workers who had been improperly terminated and also by offering bonuses to … Continue Reading

PA Nurses File ULP Charges Against Hospital

Posted in Negotiations, Quick Hits, State/Local Issues, Unfair Labor Practices, Unions
Earlier this week, the United Steelworkers Union filed unfair labor practice charges against Gracedale nursing home in Northampton County, PA.  In pertinent part, the state-level charges allege that Gracedale intends to replace the nurses’ health care plan at the beginning of the new year. The Steelworkers represent approximately fifty nurses and social workers at the … Continue Reading

PA Hospital Hit With Consolidated NLRB Complaint

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the National Labor Relations Board filed a complaint against Crozer Keystone Health System hospital in Philadelphia, Pennsylvania.  The complaint alleges in pertinent part that the hospital violated the National Labor Relations Act by attempting to compel employees to withdraw support from a union that was in the midst of contract negotiations with … Continue Reading

Board ALJ Hits Phillips 66 For Media Gag Policy

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, National Labor Relations Board Administrative Law Judge Lisa D. Thompson ruled that Phillips 66 violated the National Labor Relations Act by maintaining “an unlawful work rule that prohibits employees from speaking to the news media.” The case arose in September 2011 when the United Steelworkers (USW) sought to organize five health and safety … Continue Reading

Board Orders New Election At OK Foods

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Last week, a National Labor Relations Board hearing officer recommended that a union vote at OK Foods in Heavener, Oklahoma be set aside and the voting be re-run.  The election was held on May 1, 2014 to determine whether maintenance employees at the plant wished to be represented by the United Food and Commercial Workers (UFCW).  … 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

Knicks Owner Hit With ULP Charges

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board issued charges against James Dolan, the owner of the New York Knicks.  Dolan, who is also the CEO of Cablevision, allegedly threatened to withhold pay increases from Cablevision employees if they refused to hold a decertification vote.  The Board’s complaint further accuses Cablevision of holding an illegal poll … 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

Mediator Enters FairPoint Fray

Posted in Negotiations, NLRA, Quick Hits, Unfair Labor Practices, Unions
On November 18, a Federal Mediator will sit down with representatives of FairPoint Communications and two labor unions to attempt to bring an end to a three-week labor strike.  The meeting, which will take place in Boston, will be attended by negotiators for the company, as well as higher-ups at the International Brotherhood of Electrical … 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

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