Labor Relations Today

Labor Relations Today

Category Archives: Unfair Labor Practices

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NFIB Files Amicus Brief Ripping NLRB Facebook Ruling

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices
Earlier this week, the National Federal of Independent Business’ small business legal center filed an amicus brief with the D.C. Circuit, arguing that the National Labor Relations Board incorrectly held that employees of a clothing store had engaged in protected activity by griping about work on Facebook.  (See the NFIB Brief here). The case arose when [&hellip… Continue Reading

NLRB GC: Search of Company-Owned Vehicle Not an Investigatory Interview

Posted in Division of Advice, NLRA, Unfair Labor Practices, Weingarten Rights
In an Advice Memorandum issued February 6, 2015 in Southwestern Bell Telephone Company, Case 14-CA-141000, the National Labor Relations Board Office of the General Counsel found that an employer did not violate Section 8(a)(1) by searching an employee’s company-owned vehicle without a union representative present despite the fact that the employee had requested, and been provided, [&hellip… Continue Reading

FairPoint Strike Ends

Posted in Negotiations, NLRB, Quick Hits, Unfair Labor Practices, Unions
As of this morning, employees working for FairPoint Communications in the New England area will return to work after striking for the past four months.  The workers began striking on October 17, 2014 when negotiations over a new collective bargaining agreement with their employer began to stall out.  However, a new contract has finally been [&hellip… Continue Reading

Board ALJ Nixes Union’s Objector Policy

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week ($$), National Labor Relations Board administrative law judge Amita Baman Tracy ruled that a United Food and Commercial Workers local violated the National Labor Relations Act by forcing new employees hired by Ralphs Grocery to voice their objections to becoming full union members at the union office, rather than by letter. The case [&hellip… Continue Reading

Board Files Complaint Against Au Bon Pain

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the National Labor Relations Board issued a complaint against Au Bon Pain Corp.  The complaint, consolidated from two cases brought by Unite Here!, accuses the company of unlawfully discouraging employees working at the Philadelphia Airport from engaging in protected organizing activities. Specifically, the complaint alleges that the CEO of Au Bon Pain met with employees [&hellip… Continue Reading

Board Files Complaint Against Pittsburgh Hospital

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board’s Pittsburgh, PA office authorized a complaint against the University of Pittsburgh Medical Center (UPMC).  The complaint alleges that UPMC has violated the National Labor Relations Act by unlawfully interrogating employees with regards to their union activities.  The complaint further alleges that UPMC unlawfully placed restrictions on where employees [&hellip… Continue Reading

Labor Relations Today Releases ‘Labor Law 2014: A Year in Review’

Posted in Alternative Labor Law Reform, Amici Briefs, Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, Negotiations, NLRA, NLRB, 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 2014: A Year In Review. This marks the fourth straight year that we have produced this annual review of developments in traditional labor law and labor-management relations. 2014 ushered in a National Labor Relations Board with more prospective stability than in recent years as the seats [&hellip… Continue Reading

FairPoint Mediator Issues Gag Order

Posted in Negotiations, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Negotiations between FairPoint and the two unions representing more than 1,700 employees have been placed under a gag order by a mediator from the Federal Mediation and Conciliation service.  With the talks between the employer on one side and the Communications Workers of America (CWA) and International Brotherhood of Electrical Workers (IBEW) on the other now [&hellip… Continue Reading

Board Dings Macy’s For Refusal To Bargain

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
This past Wednesday, the National Labor Relations Board ruled that Macy’s Inc. is obligated to bargain with Local 1445 of the United Food and Commercial Workers (UFCW), which now represents a unit of cosmetics workers at Macy’s store in Saugus, MA.  The reader may recall that @LRToday covered the initial Macy’s decision at length back [&hellip… Continue Reading

Board ALJ Reinstates Worker Who Complained Of Pot Smoke

Posted in NLRA, NLRB Administration, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, National Labor Relations Board administrative law judge ($$) Mary Cracraft ruled that Circus Circus Casinos Inc. violated the National Labor Relations Act by terminating an employee who complained about exposure to secondhand marijuana smoke.  The employee, a journeyman carpenter working on guest rooms at the hotel, apparently complained during a group meeting about [&hellip… Continue Reading

Board Dismisses Complaint Against FairPoint

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
The National Labor Relations Board announced that it has dismissed charges filed by the Communications Workers of America and the International Brotherhood of Electrical Workers against FairPoint Communications.  The unions had accused FairPoint of engaging in bad-faith bargaining.  But the dispute may not be over, as both unions stated this morning that they plan to [&hellip… Continue Reading

Board Dismisses Charges Against Honeywell

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
In an update to a story we posted back in November, National Labor Relations Board Regional Director Daniel L. Hubbell has dismissed a complaint filed by the United Steelworkers against Honeywell International, Inc.  The USW had alleged that Honeywell violated the National Labor Relations Act by threatening to replace locked out employees.  The Steelworkers further [&hellip… Continue Reading

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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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 [&hellip… 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).  [&hellip… 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 [&hellip… 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 [&hellip… Continue Reading