Labor Relations Today

Labor Relations Today

Category Archives: Unfair Labor Practices

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Arizona Federal Court Grants § 10(j) Injunctive Relief to Stop Employer’s Alleged Labor Law Violations

Posted in Federal Court Litigation, NLRA, Unfair Labor Practices
In a April 30, 2014 General Counsel Memorandum, National Labor Relations Board (the “Board”) General Counsel Richard Griffin declared that his office would expand the pursuit of injunctions in federal court against employers in connection with union organizing and bargaining efforts. In particular, the Memorandum directed the Board’s regional offices to pursue aggressively § 10(j)… Continue Reading

Labor Relations Today Issues ‘Labor Law 2015: Year in Review’

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, Bush Board Reversal, Card Check, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Law 2015: A Year In Review. For most of 2015, the National Labor Relations Board consisted of five members and the general counsel — all Senate-confirmed. This Board and the White House continued aggressive efforts to overhaul traditional labor law administratively,… Continue Reading

District Court Denies NLRB’s Request for Injunctive Relief

Posted in NLRB, Unfair Labor Practices
On December 1, 2015, the United States District Court for the Northern District of Illinois denied the National Labor Relations Board’s (“NLRB” or the “Board”) request for interim injunctive relief pending the final disposition of Board proceedings against Employer Arlington Metals Corporation (“AMC”). In the underlying Board proceedings, AMC faces unfair labor practice charges stemming… Continue Reading

NAM Files Amicus Brief Challenging ALJ Decision Reinstating Racist Employee

Posted in Amici Briefs, NLRB, NLRB Decisions, Picket Line Activity, Unfair Labor Practices
On November 10, 2015, the National Labor Relations Board granted the National Association of Manufacturers’ motion to file an amicus brief in Cooper Tire & Rubber Co., Case No. 8-CA-87155, in which the employer is challenging an administrative law judge’s decision requiring the employer to reinstate an employee who made racist statements on the picket line. The… Continue Reading

Employer Had No Duty to Bargain Over Use of GPS Tracking Device

Posted in Division of Advice, Duty to Bargain, NLRB Decisions, Unfair Labor Practices
The NLRB’s Division of Advice recommended dismissal of an unfair labor practice charge alleging that an employer violated Section 8(a)(5) of the National Labor Relations Act by using a GPS tracking device to investigate an employee without first bargaining with the union. The Division of Advice’s sensible conclusion was based on the specific facts of the case, as normally… Continue Reading

Fifth Circuit Reverses Board Decision on Lawfulness of Arbitration Agreements Once Again

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
In Murphy Oil USA, Inc. v. National Labor Relations Board, a three-judge panel of the United States Court of Appeals for the Fifth Circuit again held, contrary to the NLRB, that an employer does not commit an unfair labor practice by requiring its employees to sign arbitration agreements.  In doing so, the Fifth Circuit followed… Continue Reading

NLRB Rewrites Decades-Old Joint Employer Test

Posted in Joint Employer, NLRA, NLRB Decisions, Unfair Labor Practices
Today the National Labor Relations Board issued its long-awaited ruling in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), a 3-2 decision overruling the NLRB’s prior joint-employer standard adopted in 1984. The Board majority, consisting of Chairman Pearce and Members Hirozawa and McFerran, prefaced its need for revisiting the thirty-year-old standard on the fact that “the… Continue Reading

Board Finds Deferral to Arbitration Inappropriate Where Employer Clearly Violated the Express Terms of the Collective Bargaining Agreement

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
In Oakland Physicians Medical Center, LLC, 362 NLRB No. 129 (July 22, 2015), the National Labor Relations Board both rejected the employer’s request for deferral to arbitration and found that the employer violated the National Labor Relations Act by making unilateral changes to employee health care coverage, including the premiums paid by the employees, during… Continue Reading

ALJ Holds That Successor Employer Violated NLRA By Failing To Hire Predecessor’s Union Employees

Posted in NLRA, Unfair Labor Practices, Unions
In Eastern Essential Services, (22-CA-133001, July 13, 2015), an ALJ found that a successor cleaning company violated the National Labor Relations Act when it refused to hire members of the predecessor’s cleaning crew due to their union affiliation. The employer, a janitorial cleaning service, took over the cleaning contracts for three buildings in New Jersey.  When the… Continue Reading

Court of Appeals Reverses Board Decision Allowing Employees to Wear “Inmate,” “Prisoner” Shirts in Customer Homes

Posted in Federal Court Litigation, NLRB Decisions, Unfair Labor Practices
With a subtle introductory rebuke, the Court of Appeals for the District of Columbia has reined in one of the National Labor Relations Board’s more outrageous decisions of the past few years.  In Southern New England Telephone Company v. NLRB, No. 11-1099 (D.C. Cir., July 10, 2015), the court vacated the Board’s ruling that the… Continue Reading

NLRB Flip Flops, Finds Employer Legally Terminated Employee for Dishonesty

Posted in NLRB Decisions, Unfair Labor Practices
On remand because of the Supreme Court’s ruling in NLRB v. Noel Canning, 134 S.Ct. 2550 (2014), the National Labor Relations Board reversed course in Fresenius USA Manufacturing, Inc., 362 NLRB No. 130 (June 24, 2015), and found that an employer lawfully terminated an employee for dishonesty during an investigation of employee misconduct. The 2015 decision is a stark… Continue Reading

NLRB Invalidates Conflict of Interest Rule

Posted in NLRA, NLRB Decisions, Unfair Labor Practices
The National Labor Relations found an employer’s conflict of interest rule invalid on its face in The Sheraton Anchorage, 362 NLRB No. 123 (June 18, 2015). In its employee handbook, the employer maintained a rule providing: “I understand that conflict of interest with the hotel or company is not permitted.” The rule was immediately adjacent to… Continue Reading

NLRB Judge Overturns Arbitrator’s Decision To Fire Racist Employee

Posted in NLRA, NLRB Administration, NLRB Decisions, Quick Hits, Remedies, Unfair Labor Practices, Unions
In a decision that should unsettle employers, a National Labor Relations Board administrative law judge ruled last week that Cooper Tire & Rubber violated the National Labor Relations Act by unlawfully terminating an employee who made racist statements on the picket line.  [Cooper Tire decision]  Even worse, Cooper Tire must offer to rehire the racist employee.… Continue Reading

NLRB ALJ Reinstates Teacher Who Called Manager ‘Liar’, Then Lied About It

Posted in NLRA, NLRB Administration, Remedies, Unfair Labor Practices
National Labor Relations Board administrative law judge Arthur J. Amchan ruled that the Dalton School violated the National Labor Relations Act by unlawfully interrogating and terminating a theater teacher working for the prestigious New York school.  Dalton School, Case No. 2-CA-138611 (June 1, 2015). The Dalton School hired David Brune in 2001. He taught six… Continue Reading

NLRB Issues Charge Against Ikea

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, a representative for the United Food and Commercial Workers (UFCW) announced that the National Labor Relations Board has issued a complaint against Ikea USA.  While details remain sparse, the complaint alleges that Ikea unlawfully interrogated employees concerning their support for the UFCW, and also maintained an overly broad social media policy. An… Continue Reading

NLRB Raps Hospital For Unilateral Change

Posted in NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, the Pennsylvania Association of Staff Nurses announced that the National Labor Relations Board found ACMH Hospital guilty of committing certain unfair labor practices.  Specifically, the Board held that ACMH illegally discontinued its practice of allowing its technicians and LPNs to make their own schedules.  The ruling gives the Hospital until Friday to comply. In a short statement,… Continue Reading

UAW Files ULP Charges Against Johnson Controls

Posted in NLRA, NLRB Misc., Quick Hits, Unfair Labor Practices, Unions
Gavin Jackson at The State reports that this week, the United Auto Workers filed unfair labor practice charges against Johnson Controls with the National Labor Relations Board.  The charges stem from Johnson Controls’ decision to withdraw its recognition of the UAW as its employees’ collective bargaining agent. The trouble started when management officials at Johnson Controls received… Continue Reading

NLRB Dismisses IAM Complaint Against Boeing

Posted in NLRA, NLRB Administration, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Earlier this month, Claude Harrell, the National Labor Relations Board’s regional director in Atlanta, announced that the Board was dismissing a complaint filed against the Boeing Company by the International Association of Machinists and Aerospace Workers (IAM).  The complaint, which was filed on April 17 after the IAM wrapped up an unsuccessful organizing campaign at Boeing’s Charleston, SC… Continue Reading

Board ALJ Raps IAM For Threatening Dissidents

Posted in NLRA, NLRB Administration, Quick Hits, Unfair Labor Practices, Unions
A National Labor Relations Board administrative law judge ruled recently that the International Association of Machinists Local 839 engaged in unlawful threats of violence against union dissidents.  The IAM was also found to have unlawfully sought the termination of two non-members from Spirit Aerosystems in Wichita, KS. The two union dissidents, Lehman and Kastens, previously… Continue Reading

Board Dismisses Six ULP Charges Against Am. Apparel

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the National Labor Relations Board issued a statement announcing that it was dropping six unfair labor practice complaints filed against American Apparel, Inc.  The complaints were purportedly dismissed due to a “lack of cooperation” from the filers. The attorney for the filing employees, Keith Fink, stated that the charges would be re-filed within the next… Continue Reading

Sherwin Lockout Legal

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, a regional director for the National Labor Relations Board dismissed charges alleging that Sherwin Alumina’s lockout of 450 employees violated the National Labor Relations Act.  The charges, filed by the United Steel Workers last October, complained that the company unlawfully locked out employees working at its Corpus Christi, TX facility in bad faith.… Continue Reading

Board Pushes For Enforcement of Controversial Facebook Decision

Posted in Federal Court Litigation, NLRB, NLRB Decisions, Quick Hits, Unfair Labor Practices
Late last week, the National Labor Relations Board asked the U.S. Court of Appeals for the D.C. Circuit to uphold the Board’s ruling that Bettie Page Clothing unlawfully terminated three employees for criticizing their manager on Facebook.  [Reply Brief].  In its April 2013 decision, the Board held that the terminated employees were engaged in protected… Continue Reading

Board Issues Complaint Against NJ Nursing Home Chain

Posted in NLRA, NLRB Misc., Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board issued a complaint against Alaris Health, a New Jersey-based nursing home chain.  The complaint, which accuses Alaris of a litany of unfair labor practices, stems from actions the company allegedly took against its employees during a labor strike. Per the complaint, Alaris’ employees went on strike in September 2014 in protest… Continue Reading

Board Nixes Dealership’s Dress Policy

Posted in NLRA, NLRB, NLRB Decisions, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board ruled that a car dealership violated the National Labor Relations Act by promulgating unlawful work rules.  Specifically, the dealership maintained an overly broad dress code and unlawfully prohibited employees from wearing pins. In a split decision, member Kent Hirozawa and Chairman Mark Pearce determined that the employer had… Continue Reading