#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 Certification of the election results:
The Regional Director recommended that the challenged to the ballot of Andrea Miller be sustained on the ground that the voter destroyed the secrecy of her ballot.
In the absence of exceptions, the results were certified by the Board. While this ballot would have resulted in the union’s victory in the election, the tally remained 2-2, and the union was not certified.
New Digs: The National Labor Relations Board has opened its new headquarters in Southeast DC near Nationals Park and the Washington Navy Yard. According to the Board:
The 1015 Half St. SE office will house all Headquarters’ staff for the Board and the General Counsel in addition to the Region 5 – Washington Resident Office staff. The new location will reduce the Agency’s footprint while maintaining its ability to effectively and efficiently meet the needs of the public.
Board Reads First Amendment Too Narrowly: The D.C. Circuit Court of Appeals overturned a Board order, holding that unless it is a “sham,” an employer’s request to police to arrest alleged trespassing pickets is protected by the First Amendment:
Requesting police enforcement of state trespass law is an attempt to persuade the local government to take particular action with respect to a law. As we see it, that fits squarely within the traditional mold of a petition to government protected by the Noerr-Pennington doctrine.
AFL-CIO on CEO Pay Disclosure: The labor federation issued a press release today announcing that it had delivered petitions to the U.S. Securities and Exchange Commission (SEC), demanding that the commission implement a proposal requiring companies to disclose their CEO-to-median worker pay ratio per the Dodd-Frank Act of 2010.