Labor Relations Today

Labor Relations Today

Category Archives: Unfair Labor Practices

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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

Board Circles Back To Ruling Nixed By Noel Canning

Posted in NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices
Last week, the National Labor Relations Board circled back to a decision that was invalidated by the Supreme Court’s blockbuster Noel Canning decision.  As the reader may recall, Noel Canning determined that President Obama’s recess appointments to the National Labor Relations Board did not pass Constitutional muster.  Accordingly, the decisions issued by the improperly-constituted Board … Continue Reading

Co. Sues Board For Exceeding Authority

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Sanderson Farms Inc. filed a complaint in federal district court in Mississippi against the National Labor Relations Board on Monday, alleging that the Board exceeded its authority by continuing to pursue unfair labor practice charges against Sanderson even though the charging party withdrew them.  Local 693 of the Laborers International Union of North America AFL-CIO … Continue Reading

New Vista, NLRB Square Off In 3d Circuit

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
New Vista Nursing and Rehabilitation LC filed an Answer to a National Labor Relations Board brief last week in the Third Circuit Court of Appeals, arguing that the court should decline the Board’s invitation to revisit a previous ruling denying the NLRB’s bargaining order.  The current dispute before the court stems from a July 2013 rehearing request from … Continue Reading

LaVerne Adjuncts Pull Election Petition

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Earlier this week, union organizers working with adjunct professors at LaVerne University in California made the unusual move to withdraw their petition for a representation election.  The adjuncts actually held an election, which was supervised by the National Labor Relations Board in February of this year.  However, the votes were initially impounded and have yet … Continue Reading

ALJ Nixes UnitedHealth Arbitration Pact

Posted in NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices
National Labor Relations Board administrative law judge Raymond P. Green concluded that UnitedHealth Group Inc.’s enforcement of an employee arbitration agreement violated the National Labor Relations Act.  The company ran afoul of the law by forcing its employees to arbitrate their wage-and-hour claims against the company as individuals when the employees attempted to bring a … Continue Reading

Union Files ULP Charge Against Guitar Center

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the Retail, Wholesale and Department Store Union (RWDSU) filed unfair labor practice charges with the National Labor Relations Board against Guitar Center.  The complaint alleges that Guitar Center has bargained in bad faith and has also sought to punish its employees for organizing. The RWDSU began organizing efforts at a host of Guitar Center … Continue Reading

Board Orders Make Whole Remedy After Employee’s Weingarten Rights Violated

Posted in NLRA, NLRB, NLRB Decisions, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board upheld and Administrative Law Judge’s determination that an employer violated the National Labor Relations Act by terminating an employee who refused to take a drug test before being allowed to speak to a union representative.  In Ralph’s Grocery, 361 NLRB No. 9 (July 31, 2014), an employee of … Continue Reading

Locked Out Kelloggs Employees Win Right To Return To Work

Posted in Federal Court Litigation, Negotiations, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Yesterday, U.S. District Judge Samuel Mays ordered that Kelloggs must immediately end its lock out of 220 workers at its Memphis, TN plant.  The Judge’s Order provides that Kelloggs made use of “creative semantics” to make changes to its collective bargaining agreement with the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union (the Union).  … Continue Reading

Board ALJ Nixes Mercedes’ Handbook Policy

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, a National Labor Relations Board Administrative Law Judge determined that Mercedes-Benz’s employee handbook contained an overly broad and unlawful policy.  The complaint brought by the United Auto Workers (UAW) alleged that the policy, which prohibited employees from passing out nonwork-related notices during work time or in working areas, violated the National Labor Relations … Continue Reading

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
459895879UPDATED: JULY 29, 2014 1.  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 … 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