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Category Archives: NLRA

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More About the Protecting American Jobs Act (S. 2084)

Posted in Federal Court Litigation, House of Representatives, Legislation, NLRA, NLRB, NLRB Administration, NLRB Rule-Making, Senate
As noted yesterday, Senator Mike Lee (R-UT) has introduced a bill to curtail the authority of the National Labor Relations Board.  The Protecting American Jobs Act (S. 2084) — co-sponsored by Sens. Ted Cruz (R-TX) and Tom Cotton (R-AR) — is analogous to a House bill (H.R. 1893) introduced earlier in 2015, now with seventy… Continue Reading

Senator Alexander Accuses NLRB, OSHA of Coordinated Effort to Change the Law

Posted in Joint Employer, Legislation, NLRA, NLRB, Senate
On September 23, 2015, Senator Lamar Alexander (R-Tenn.) stepped up his attacks on the National Labor Relations Board (“the Board”), accusing the Board of engaging in a coordinated effort with the Occupational Health and Safety Administration (“OSHA”) to change corporate liability laws.  During a hearing, Senator Alexander referred to news reports claiming that OSHA officials… 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

Quick Hits: Monday, September 21, 2015

Posted in Beyond EFCA: Labor's Agenda, Media Round-Up, NLRA, NLRB Decisions, Quick Hits
ICYMI — Dems Intro “WAGE” Act: We reported last week on the drastic legislative proposal introduced to increase NLRB penalties against employers, to facilitate union organizing. In addition to our summary piece and this document including proposed changes to the NLRA in redline, we provided links to some additional resources and coverage. Add to those, this Washington… 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

National Labor Relations Board Declines to Order Make-Whole Remedy in Twenty Year Old Dues Check-Off Dispute

Posted in NLRA, NLRB, NLRB Decisions, Remedies
On September 10, 2015, the National Labor Relations Board (the “Board”) ended a twenty (20) year old dispute over union dues deductions. Hacienda Hotel, Inc. Gaming Corp., 363 NLRB No. 7 (Sept. 10, 2015). The Board adopted the Ninth Circuit Court of Appeals’ (the “Ninth Circuit”) ruling that the employer violated the National Labor Relations… 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

Five Practical Issues Browning-Ferris Creates for Employers

Posted in Joint Employer, NLRA, NLRB Decisions
National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), will have significant and far-reaching effects as it greatly expands the scope of relationships in which the Board can and will find entities to be joint employers. While the full ramifications of the Board’s decision remain to be… 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 THAT AN EMPLOYEE’S BRIEF SUSPENSION VIOLATED LABOR LAW

Posted in NLRA, NLRB, NLRB Decisions
In Bellagio, LLC, 362 NLRB No. 175 (Aug. 20, 2015), the National Labor Relations Board concluded that an employer violated the National Labor Relations Act (the “Act”) when it supposedly denied an employee’s request for union representation during a disciplinary interview and also suspended him for refusing to participate in the investigation without union representation.… Continue Reading

NLRB Declines to Assert Jurisdiction Over Northwestern University Football Players

Posted in NLRA, NLRB Decisions, Representation Elections
Inspiring a torrent of “punt”-related puns, the National Labor Relations Board on Monday declined to assert jurisdiction over the unionization effort of scholarship football players at Northwestern University.  In Northwestern University, 362 NLRB No. 167 (Aug. 17, 2015), a unanimous decision of all five Board Members held: …we conclude, without deciding whether the scholarship players are employees… 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

NLRB to Decide Whether It Can Impose Mixed Units of Both Solely and Jointly Employed Workers

Posted in NLRA, NLRB Decisions, Representation Elections
For those that have followed developments in labor law over the years, it should come as no surprise that the National Labor Relations Board is again visiting the issue of whether it can direct a representation election for a unit consisting of both jointly employed temporary workers and regular workers employed solely by the user… Continue Reading

Sixth Circuit Panel Criticizes NLRB Jurisdiction Over Indian Tribes, But Affirms Exercise

Posted in Federal Court Litigation, House of Representatives, NLRA, NLRB, Senate
When Congressional Subcommittee Chairman Phil Roe (R-TN) commenced a hearing last month on the Tribal Labor Sovereignty Act of 2015 (H.R. 511), he explained: The subjective nature of the [NLRB]’s process for determining jurisdiction has also produced a mess of legal confusion. Years of litigation have produced inconsistent and misguided board decisions, compounding the uncertainty… Continue Reading

The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015

Posted in Amici Briefs, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, NLRA, NLRB, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Representation Elections, Senate, State/Local Issues
1.  Will the Courts Uphold the New Expedited Election Rules? The National Labor Relation Board’s new expedited election rules took effect on April 14, 2015, but not before two lawsuits could be filed seeking to invalidate them in January 2015. The first lawsuit was filed by business groups, including the U.S. Chamber of Commerce, in… 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

House, Senate Propose NLRB Budget Cuts and Policy Limitations

Posted in House of Representatives, NLRA, NLRB, NLRB Rule-Making, Senate
The House and Senate appropriations committees both advanced bills on June 17 and June 23, respectively, seeking to slash the National Labor Relations Board’s budget. The House’s bill seeks a 27 percent reduction, taking the NLRB’s current budget of $274 million down to $200 million. Meanwhile, the Senate bill proposes a ten percent reduction of… 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

Student-Athletes Continue Push for “Employee” Status

Posted in Federal Court Litigation, NLRA, NLRB, Representation Elections
While student-athletes continue to prosecute their antitrust challenges to the NCAA, student athletes continue to fight a second front against the NCAA and its member institutions with legal challenges asserting that student athletes are employees and are thus entitled to all the benefits and protections of such status under federal and state laws. In October… Continue Reading

House Subcommittee Holds Hearing on Tribal Labor Sovereignty Act to Exclude Indian Government Employers From NLRA

Posted in House of Representatives, Legislation, NLRA, NLRB, State/Local Issues
A subcommittee of the House Committee on Education and the Workforce held a hearing on Tuesday, June 16, 2015 on H.R. 511, “The Tribal Labor Sovereignty Act of 2015.”  The bill, which has a counterpart, S. 248, in the Senate, would amend the National Labor Relations Act to expressly exclude tribal employers from the Act’s definition… 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

Associated Builders Appeal Quickie Election Decision

Posted in Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Quick Hits
In a move that surprised absolutely nobody, business coalitions challenging the National Labor Relations Board’s controversial “quickie election” rules announced that they will appeal this week’s ruling out of Texas finding that the groups failed to prove that the rule violated both the Administrative Procedure Act and the National Labor Relations Act.  [Notice of Appeal]… Continue Reading

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