Labor Relations Today

Labor Relations Today

Category Archives: Duty to Bargain

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D.C. Circuit Scolds NLRB for ‘Bad Faith’, ‘Abusive Tactics’ and ‘Extremism’

Posted in Duty to Bargain, Federal Court Litigation, NLRA, NLRB
The United States Court of Appeals for the District of Columbia Circuit issued a scathing rebuke to the National Labor Relations Board for “abusive tactics and extremism” and ordered the Board to pay an employer nearly $18,000 in legal fees incurred due to the Board’s “bad faith litigation” in Heartland Plymouth Court MI, LLC v.… Continue Reading

Board Member Hirozawa Endorses “Members Only” Union Recognition in Concurring Opinion as Term Expires

Posted in Beyond EFCA: Labor's Agenda, Duty to Bargain, Negotiations, NLRA, NLRB Decisions, NLRB Rule-Making
In one of the final decisions of his expired term, Board Member Kent Hirozawa sanctioned a long-rejected interpretation of the National Labor Relations Act which would impose an obligation on employers to bargain with “members only” unions. Endorsing a theory outlined most thoroughly by Professor Charles Morris in his 2005 book, “The Blue Eagle at… Continue Reading

Electrical Subcontractor Cannot Catch a Break from the Eighth Circuit

Posted in Duty to Bargain, Federal Court Litigation, NLRA, NLRB, Unfair Labor Practices
On February 9, 2016, the Eighth Circuit Court of Appeals held that National Labor Relations Board (the “Board”) properly concluded that an electrical subcontractor violated the National Labor Relations Act when it unilaterally changed its employee break policy without affording the employees’ union an opportunity to bargain over the change. Parsons Electric, LLC v. NLRB,… Continue Reading

Employer Had No Duty to Bargain Over Use of GPS Tracking Device

Posted in Division of Advice, Duty to Bargain, NLRB Decisions, Unfair Labor Practices
The NLRB’s Division of Advice recommended dismissal of an unfair labor practice charge alleging that an employer violated Section 8(a)(5) of the National Labor Relations Act by using a GPS tracking device to investigate an employee without first bargaining with the union. The Division of Advice’s sensible conclusion was based on the specific facts of the case, as normally… Continue Reading

NLRB Regional Director Dismisses ULP Charge Against Pennsylvania Convention Center Authority

Posted in Duty to Bargain, NLRA, Quick Hits, State/Local Issues, Unfair Labor Practices
The Inquirer reports that Dennis P. Walsh, the Regional Director for Region 4 of the National Labor Relations Board, dismissed a charge filed by the Carpenters and Teamsters unions alleging that the Pennsylvania Convention Center Authority engaged in bad faith bargaining. In his decision dismissing the charge, Mr. Walsh stated that the unions provided evidence “supporting… Continue Reading

NLRB ALJ Addresses Employer Obligation to Bargain Over Discretionary Disciplinary Action

Posted in Duty to Bargain, NLRB Decisions, Unfair Labor Practices
In Alan Ritchey, Inc., 359 NLRB No. 40 (2012), the National Labor Relations Board held that during the period after a union is recognized but before a first contract is reached, an employer must bargain with the union before exercising its discretion to impose certain discipline such as suspensions, demotions, or discharges. However, the Board held… Continue Reading

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