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Labor Relations Today

Category Archives: Unfair Labor Practices

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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 Honda 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 Honda 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… Continue Reading

Board Judge Orders NYU To Bargain With Union

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, a National Labor Relations Board administrative law judge ruled that New York University violated the National Labor Relations Act by refusing to bargain with a labor union.  The matter arose in late 2013, when NYU began changing the job duties of approximately 30 library employees.  The employees had been working only one… Continue Reading

UFCW To Seek Injunction Against Walmart

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
The New York Times is reporting that the United Food and Commercial Workers union (UFCW) will seek an injunction today against Walmart, which would require the big-box giant to rehire over 2,000 workers affected by five separate store closures.  Walmart closed the five stores last week temporarily as a result of plumbing issues. The retailer has… Continue Reading

Nurses Allege U of Chicago Violating NLRA

Posted in Negotiations, NLRA, Quick Hits, Unfair Labor Practices, Unions
Last week, National Nurses United (NNU) filed a plethora of charges with the National Labor Relations Board against the University of Chicago.  In its complaint, NNU accused the university of bargaining in bad faith, unlawfully surveilling nurses, and engaging in direct dealing with employees. The charges stem from the parties’ fractious bargaining relationship.  The parties… Continue Reading

Board Issues Complaint Against Pitt. Casino

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board issued a complaint against Rivers Casino in Pittsburgh, PA.  In pertinent part, the complaint alleges that several casino managers violated the National Labor Relations Act by interrogating groups of employees regarding whether they were union supporters.  The complaint, based on charges filed against the casino by Unite Here!, further… Continue Reading

Labor Strike Coming to PA Hospital

Posted in Negotiations, NLRA, NLRB, Unfair Labor Practices, Unions
Tomorrow morning at 7:00 a.m., licensed practical nurses and technicians are set to walk off the job and hit the pickets in protest against ACMH Hospital’s alleged unfair labor practices.  The strike is being organized by the Pennsylvania Association of Staff Nurses and Allied Professionals (PASNAP) and is expected to draw over 100 union members.… Continue Reading

Teamsters Target Bay Area Shuttle Bus Drivers

Posted in NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
The International Brotherhood of Teamsters (Teamsters) have been waging a campaign to organize shuttle bus drivers working at Bauer’s Intelligent Transportation’s headquarters in San Francisco, CA.  In a sign that the organizing campaign is escalation, the Teamsters filed unfair labor practice charges against Bauer’s with the National Labor Relations Board, alleging that company officials have… Continue Reading

Longshoremen Hit With $60K Fine

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, U.S. District Court Judge Michael Simon ordered the International Longshore and Warehouse Union to pay almost $60,000 to the National Labor Relations Board because the union engaged in unlawful activity at the Port of Portland.  Per a ruling from Judge Simon rendered in 2012, the union organized a work slowdown while in the midst of a… Continue Reading