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Submission Period Finally Closed On Board’s Quickie Election Rule Request For Information

Posted in Uncategorized
On December 14, 2017, the National Labor Relations Board published a Request for Information in the Federal Register, seeking public comment regarding the December 2014 overhaul of its representation election procedures.  The Board twice extended the deadline for submission of feedback.  Before the window closed last night, there were almost 7,000 submissions.  This number is obviously exaggerated… Continue Reading

NLRB’s General Counsel Issues Guidance Following Board’s PCC Structurals, Inc. Decision

Posted in Micro Units, NLRB, NLRB Decisions, Representation Elections, Uncategorized
In December 2017, the Office of the General Counsel issued Memorandum OM 18-05. This memorandum followed the Board’s decision in PCC Structurals, Inc., 365 NLRB No. 160 (Dec. 15, 2017), which overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011) and reinstated the traditional community-of-interest standard for determining the appropriateness of… Continue Reading

National Labor Relations Board Overrules Lutheran Heritage; Sets New Standard For Reviewing Work Rules Unrelated to Protected Activity

Posted in NLRB Decisions, Obama Board Reversal, Uncategorized, Unfair Labor Practices, Workplace Rules
As is often the case when a Board Member’s term winds down, this week has seen a flurry of activity.  Back in May, when nominations to seat a full Board were still just being rumored, we identified a handful of the more extreme and overreaching decisions of the Obama Board certain to find themselves in… Continue Reading

Board Rules Casino Violated Act By Barring Former Employee From Socializing In Nightclub

Posted in NLRB Decisions, Uncategorized
The National Labor Relations Board has held that a casino operator violated Section 8(a)(1) of the Act by forbidding a former employee from “socializing” at one of its nightclubs after she joined a Fair Labor Standards Act (FLSA) class action lawsuit.   In MEI-GSR Holdings, LLC dba Grand Sierra Resort & Casino, 365 NLRB No.… Continue Reading

Board Finds Management Rights Provision Too Vague

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
The National Labor Relations Board recently ruled in Graymont PA, Inc., 364 NLRB No. 37, that the Respondent violated Section 8(a)(5) and (1) of the National Labor Relations Act by unilaterally implementing changes to various policies and by failing to timely inform the Union that it did not possess information requested relevant to the policy… Continue Reading

Fifth Circuit Reverses Board Decision on Lawfulness of Arbitration Agreements Once Again

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
In Murphy Oil USA, Inc. v. National Labor Relations Board, a three-judge panel of the United States Court of Appeals for the Fifth Circuit again held, contrary to the NLRB, that an employer does not commit an unfair labor practice by requiring its employees to sign arbitration agreements.  In doing so, the Fifth Circuit followed… Continue Reading

Board Finds Filing a Putative Fair Labor Standards Act Collective Action To Be Concerted Activity

Posted in Uncategorized
In 200 E. 81st Rest. Corp., 362 N.L.R.B. No. 152 (July 29, 2015), the National Labor Relations Board concluded that an employee’s filing of a putative collective action under the Fair Labor Standards Act (“FLSA”) constituted concerted activity under the National Labor Relations Act (“NLRA”), even though the employee filed the lawsuit without the consent… 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

Webster Adjuncts Say No To Union

Posted in Uncategorized
Earlier this week, the National Labor Relations Board reported that adjunct faculty members working at Webster University in the greater St. Louis area voted against union representation.  Out of a 668 member voting unit, 542 adjunct faculty cast ballots.  268 faculty members voted against union representation, while 212 voted yes. Interestingly, a separate 5 member… Continue Reading

Kellog Will Appeal Board Ruling Finding Lockout Unlawful

Posted in Uncategorized
A representative for Kellogg Co. announced that it will appeal a ruling from the National Labor Relations Board declaring the company’s lockout of employees at its Memphis, TN facility to be an unfair labor practice.  Issued late last week, the Board’s ruling reversed the administrative law judge’s decision holding that Kellogg’s lockout of its employees was legal. … Continue Reading

ALJ Orders Rerun Election At CA Hospital

Posted in Uncategorized
Earlier this week, National Labor Relations Board administrative law judge Ariel Sotolongo ordered that a union election held at Memorial Medical Center in June 2014 be set aside and that a section election be held.  The first election was held on June 26 and 27 of 2014 and resulted in the union losing by over… Continue Reading

Columbia Grad Student Union Hearings Underway

Posted in Uncategorized
Yesterday, parties made opening statements in a hearing before the National Labor Relations Board being held to determine whether the Graduate Workers of Columbia should be allowed to form a labor union.  The Graduate Workers of Columbia (GWOC), a group of Columbia University graduate students who have been working for some time with the United… Continue Reading

Accusations Of Slowdowns At Port Of Los Angeles

Posted in Negotiations, Quick Hits, Uncategorized, Unions
Yesterday, employers at the Port of Los Angeles accused their unionized dockworker employees of instituting a labor slowdown.  This latest incident between the parties has brought major national scrutiny to the long-running labor dispute because container ships have been forced to sit idle while they wait for crews to unload their cargo. While the Pacific… Continue Reading

National Labor Relations Board Narrows Arbitral Deferral Standards.

Posted in NLRB Administration, NLRB Decisions, Uncategorized, Unfair Labor Practices
​In yet another holiday “gift”, on December 15, the National Labor Relations Board issued its decision in the closely watched Babcock & Wilcox case, reversing 30+ years of NLRB precedent on whether the NLRB will defer an unfair labor practice charge to a parallel arbitration award. ​The NLRB has a long history of deferring an… Continue Reading

VW Implements New Labor Policy, Potentially Paving Way For UAW

Posted in NLRA, NLRB, Representation Elections, Uncategorized, Unions
Yesterday, Volkswagen AG (VW) released their long-awaited new labor policy, which comes as welcome news to the United Auto Workers (UAW) and other labor groups. The so-styled Community Organization Engagement policy is noteworthy in that it will provide labor groups with differing levels of access depending on the number of VW workers in their ranks.… Continue Reading

Steelworkers Files ULP Charges Related to Honeywell Lockout

Posted in Uncategorized
Yesterday, the United Steelworkers (USW) filed unfair labor practice charges with the National Labor Relations Board relating to Honeywell’s August lockout of employees working in Metropolis, Illinois.  The charges further allege that Honeywell engaged in illegal direct dealing with employees, failed to adequately respond to union information requests, and threatened to replace the unionized workforce.… Continue Reading

ALJs Signal That D.R. Horton Is Alive And Well

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Uncategorized, Unfair Labor Practices, Unions
At the end of last week, two separate National Labor Relations Board Administrative Law Judges determined that two separate employer-promulgated arbitration agreements were unlawful.  The reader may recall the Board’s now-infamous D.R. Horton ruling, which effectively held that an employer violates the National Labor Relations Act by forcing employees to sign an arbitration agreement that… Continue Reading

Does the National Labor Relations Board’s Recent Ratification Announcement Have Any Impact on Actions Invalidated by Noel Canning?

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Uncategorized
  On August 4, 2014, the National Labor Relations Board announced that it had ratified all of the “administrative, personnel, and procurement matters taken by the Board from January 4, 2012 to August 5, 2013“.  This coincides with the time period during which the Supreme Court’s Noel Canning decision held the Board operated without a… Continue Reading

National Labor Relations Board General Counsel to Pursue Complaints Against McDonald’s and Franchisees as Alleged Joint Employers

Posted in Uncategorized
The National Labor Relations Board Office of the General Counsel announced this afternoon that it has authorized complaints on 43 unfair labor practice charges filed against McDonald’s franchisees and their franchisor, McDonald’s, USA, LLC.   Significantly, the General Counsel has indicated that absent settlement in these cases, he will issue complaints against the respective franchisee and… Continue Reading

SCOTUS Affirms D.C. Circuit’s Noel Canning Decision

Posted in NLRA, NLRB, SCOTUS, Uncategorized, Unions, White House
In an eagerly awaited ruling, the United States Supreme Court held today that it will uphold the D.C. Circuit’s Noel Canning ruling.  Issued on January 25, 2013, the D.C. Circuit held in Noel Canning that the National Labor Relations Board lacked a quorum because President Obama’s purported recess appointments of several members were unconstitutional.  Both the… Continue Reading

Report: SEIU Spent $2MM On Fight For $15 In Chicago

Posted in Uncategorized
The Chicago Tribune reports that the Service Employees International Union (SEIU), the primary labor backer of the “Fight for $15,” spent at least $2million dollars last year on the campaign in Chicago.  As the reader may recall, the Fight for $15 is a supposedly grass-roots push by fast-food employees for a $15 hourly wage.  Filings made… Continue Reading

Point Park Adjuncts To Vote On Unionization

Posted in Uncategorized
Yesterday, adjunct professors at Point Park University petitioned the National Labor Relations Board for permission to hold a union election.  According to the United Steelworkers, a full half of the University’s 300 adjunct professors signed the petition.  The adjuncts are attempting to organize in order to secure higher wages, as well as job security protections.   More on the… Continue Reading

NU Union Vote Set For Friday

Posted in Uncategorized
Football players at Northwestern University are poised to vote this Friday on whether they want to be represented by the College Athletes Players Association (CAPA).  The university is barring media from the vote, purportedly because the voting players want to avoid media coverage.  Interestingly, some players are having second thoughts about the effort, with current… Continue Reading

SEIU Moves In On Media Matters

Posted in Uncategorized
The Daily Caller reports that Media Matters for America may well begin fighting an attempt by the Service Employees International Union (SEIU) to form a labor union at the media company.  The SEIU filed an election petition with the National Labor Relations Board last week.  In response, MM engaged a labor firm to assist the… Continue Reading

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