Labor Relations Today

Labor Relations Today

Category Archives: Unions

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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

Photo Identification Required: Administrative Law Judge Finds Union’s Rule on Resignations Facially Lawful

Posted in NLRA, NLRB, Unions
On October 26, 2015, Administrative Law Judge David I. Goldman (“ALJ Goldman”) held that a union did not violate federal labor law by maintaining a rule requiring that members wishing to resign or to revoke a dues check-off do so in person at a union hall with a photo ID and a written request.  Local… Continue Reading

National Labor Relations Board General Counsel Finds Company’s Lockout Lawful

Posted in Negotiations, NLRA, Unions
In a letter to United Steelworkers Union’s (“USW”) in-house counsel, National Labor Relations Board (“NLRB”) General Counsel Richard Griffin (“Mr. Griffin”) stated that a company did not violate federal labor law by locking out approximately 450 USW-represented employees during ongoing collective bargaining negotiations. The lockout, which began in October 2014, occurred after bargaining unit employees… Continue Reading

Quick Hits: Tuesday, September 22, 2015

Posted in NLRA, NLRB, Quick Hits, Unions, White House
Walker Out:  Wisconsin Governor Scott Walker (R) announced yesterday that he was withdrawing from the race for the GOP’s 2016 nomination for the presidency.  Walker, who famously clashed with labor unions in his home state, last week unveiled an outline of his policy proposals on labor law reform. They included: eliminating the NLRB; passing a national… Continue Reading

More About the Workplace Action for a Growing Economy (WAGE) Act (S. 2402)

Posted in Beyond EFCA: Labor's Agenda, Legislation, Legislative Strategy, NLRA, Remedies, Unions
Here is the text of the bill. Here is our red-lined version of the NLRA incorporating the revisions proposed by the bill. Here is the AFL-CIO blog post urging its passage. Here is Richard Trumka’s blog piece in The Hill today. Here is a Fact Sheet provided by Rep. Susan Davis (D-CA). Collected media coverage:… Continue Reading

Democrats Introduce Bill To Increase Dramatically NLRA Penalties Against Employers

Posted in Beyond EFCA: Labor's Agenda, EFCA, Legislation, NLRA, Remedies, Representation Elections, Unions
On Thursday, September 17, 2015, Senator Patty Murray (D-WA) and Representative Bobby Scott (D-WA) introduced the Workplace Action for a Growing Economy (WAGE) Act (S. 2042).  The bill, promoting collective-bargaining and labor unions by drastically enhancing penalties against employers under the National Labor Relations Act, is being proposed primarily as an election season litmus test, with… Continue Reading

Upending a Fifty-Three Year Old Precedent, National Labor Relations Board Holds that an Employer’s Obligation to Deduct Union Dues from Employee Paychecks Continues after the Expiration of a Collective Bargaining Agreement

Posted in NLRA, NLRB, NLRB Decisions, Unions
On August 27, 2015, the National Labor Relations Board (the “Board”) held that an employer’s obligation to deduct union dues from employee paychecks continues after the expiration of a collective bargaining agreement. Lincoln Lutheran of Racine, Case 30-CA-111099 (Aug. 27, 2015). In doing so, the Board nullified its fifty-three year old Bethlehem Steel, 136 NLRB… 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

Quick Hits: Tuesday, July 14, 2015

Posted in Federal Court Litigation, NLRB Administration, Quick Hits, Representation Elections, Unions
#SEIUElectionFail:  Michael Vandevort reports on an interesting recent case where an NLRB ballot was invalidated on the basis of a contemporaneous Tweet. Voting in a mail ballot election, open April and May, the eligible employee voted for the union, and announced that fact by posting a photo of herself filling out the ballot on Twitter (pictured).  According to the… Continue Reading

Second Circuit: Transgender Discrimination Allegations State Duty of Fair Representation Claim Against Union

Posted in Federal Court Litigation, NLRA, Unions
The Court of Appeals for the Second Circuit recently reinstated a transgender construction worker’s duty of fair representation claims against an ironworkers union and two of its business agents.  In Fowlkes v. Ironworkers Local 40, et al., No. 12-336-cv (2d Cir. June 19, 2015), the appellate court held that the lower court was wrong 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 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

Ithaca Part-Timers Say Yes To Union

Posted in NLRA, Quick Hits, Representation Elections, Unions
Yesterday, part-time faculty working at Ithaca College in Ithaca, NY voted to join the Service Employees International Union (SEIU).  While a final voting tally was not reported, a union spokesperson stated that the union won the election by 119 votes. “A lot of people really want this union,” [an employee organizer] says. “It’s something we had a… 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 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

UAW Counts Majority Support At VW Plant

Posted in Quick Hits, Representation Elections, Unions
According to disclosure forms filed with the U.S. Department of Labor, the United Auto Workers (UAW) has gathered union authorization cards from 816 employees working at Volkswagen’s Chattanooga, TN plant.  The Associated Press is reporting that this amounts to about 55% support, which is a huge milestone considering that the UAW lost an unopposed representation… Continue Reading

Wisc. Seeks To Quash Right-To-Work Challenge

Posted in Legislation, Quick Hits, State/Local Issues, Unions
Last Friday, the Wisconsin Department of Justice  [sub. req.] filed a motion to quash a challenge brought by the Wisconsin State AFL-CIO to the state’s controversial right-to-work law.  Known as Act 1 and signed into law on March 9 of this year, the state’s right-to-work law would bar mandatory dues contributions from union members. In… Continue Reading