Labor Relations Today

Labor Relations Today

Category Archives: Unfair Labor Practices

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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

NLRB General Counsel Takes Aggressive Stance to Address Immigration Issues

Posted in NLRA, NLRB, NLRB Administration, Remedies, Unfair Labor Practices
454172307On the heels of the President’s executive action on immigration, Richard Griffin, the National Labor Relations Board’s General Counsel, issued GC Memorandum 15-03 on February 27, 2015 providing updated procedures to address issues that might arise in the investigation and prosecution of unfair labor practice cases involving employees’ immigration status. The NLRB’s new procedures are… Continue Reading

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… 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,… 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… 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… 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… 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… 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… 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… 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… 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… 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… Continue Reading