Labor Relations Today

Labor Relations Today

Category Archives: Unions

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Sen. Sanders (I-VT) and Rep. Pocan (D-WI) Introduce Bill To Facilitate Union Organizing — Includes Card Check And A Lot More

Posted in Beyond EFCA: Labor's Agenda, Card Check, Department of Labor, EFCA, House of Representatives, Interest Arbitration, Joint Employer, Legislation, Negotiations, NLRA, Persuader Rules, Representation Elections, Right to Work, Senate, Unfair Labor Practices, Unions
Senator Bernie Sanders (I-VT), joined by a number of union leaders and Democratic lawmakers, yesterday announced introduction of the “Workplace Democracy Act” in the Senate.  The bill recycles a number of the failed legislative and administrative efforts of the past decade or so to reform labor law to facilitate union organizing, including the Employee Free… Continue Reading

NLRB Voids Hospital ID Policy that Bans Union Insignia Without Regard to Patient Visibility

Posted in NLRB Decisions, Unfair Labor Practices, Unions, Workplace Rules
In Long Beach Memorial Medical Center, Inc., 366 NLRB No. 66 (April 20, 2018), the Board ruled that the hospital employer’s prohibition of non-approved pins and badges was unlawfully overbroad. As a general rule, employees are permitted to wear union insignia at work in the absence of “special circumstances.”  In hospitals, out of concern for the… Continue Reading

Connecticut Considering Law To Limit Employer Speech On Union Organizing

Posted in Representation Elections, State/Local Issues, Unions
Connecticut state legislators are considering a bill to outlaw group meetings by employers to discuss a variety of matters including the issue of union representation.  “An Act Concerning Captive Audience Meetings,” HB5473, would allow workers to file a lawsuit to challenge discipline for not attending a mandatory employer meeting where union issues are discussed. As… Continue Reading

Employer Did Not Violate The Act When It Terminated Employee Organizer Who Violated Hotel Security Protocols To Deliver Petition

Posted in Unfair Labor Practices, Unions
In KHRG Employer, LLC d/b/a Hotel Burnham & Atwood Cafe, 366 NLRB No. 22 (Feb. 28, 2018), a unanimous panel of the Board held that the employer did not violate the Act when it fired an employee who breached internal security measures to lead a group of employees to present management with a petition. The employee… Continue Reading

House of Representatives Passes Bill To Restore Recognition Of Tribal Sovereignty In Labor Law Enforcement

Posted in Filibuster, House of Representatives, Legislation, NLRA, Senate, Unions
Earlier this month, a bipartisan 239-173 majority of the House of Representatives passed the text of the Tribal Labor Sovereignty Act (H.R. 986) as an amendment to a Senate bill amending a 2010 law regarding Apache tribal water rights (S. 140).  The Tribal Labor Sovereignty Act would amend the National Labor Relations Act to expressly clarify… Continue Reading

Labor Relations Today Issues ‘Labor Law 2017: Year in Review’

Posted in Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislative Strategy, Micro Units, MLA Media, Negotiations, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Obama Board Reversal, Persuader Rules, Presidential Appointments, Representation Elections, Right to Work, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House, Workplace Rules
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Relations 2017: Year in Review. As a new administration took the reins for the first time in eight years, employers, employees, unions, labor lawyers and observers alike all wondered what to expect from President Donald J. Trump.  Would he govern much… Continue Reading

OSHA Rescinds Guidance Allowing Nonunion Employees to Select Union Representatives to Participate in OSHA Inspections

Posted in Department of Labor, Representation Elections, Unions
On April 25, 2017, the Occupational Safety and Health Administration’s Deputy Assistant Secretary released a memo withdrawing a 2013 interpretation that allowed nonunion employees to designate a union representative to participate in an OSHA inspection at their work site. In 2013, despite OSHA’s own regulations requiring that the employee representative be an actual employee of the employer… Continue Reading

AFL-CIO, Labor Unions Announce Staffing Reductions

Posted in Unions
Bloomberg News and The Washington Post report that the AFL-CIO will be downsizing its Washington D.C. headquarters staff. Per the Post: The AFL-CIO confirmed Monday that it will dismiss “several dozens” of the roughly 400 staff and furlough others working at its headquarters just north of Lafayette Square in Washington. Earlier, in December, the separate… Continue Reading

Labor Relations Today Issues ‘Labor Law 2016: Year in Review’

Posted in Alternative Labor Law Reform, Department of Labor, Division of Advice, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Joint Employer, Legislation, MLA Media, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, Right to Work, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House, Workplace Rules
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Relations 2016: Year in Review. In the final year of his two-term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double-barreled efforts to remake labor law to benefit labor unions. Throughout the year, the agencies… Continue Reading

District Court Permanently Enjoins Department of Labor’s Persuader Rule

Posted in Beyond EFCA: Labor's Agenda, Department of Labor, Federal Court Litigation, Representation Elections, Unions
The United States District Court for the Northern District of Texas has made permanent its June 27, 2016 nationwide preliminary injunction against the Department of Labor’s March 2016 Persuader Rule. The rule would, among other things, require financial reporting and disclosure by employers and their consultants of any agreement or arrangement by which the consultant… Continue Reading

More Employee Handbook Provisions Found to Violate the National Labor Relations Act

Posted in NLRA, Unions
On July 18, 2016, Administrative Law Judge Robert A. Giannasi (the “ALJ”) concluded that an employer violated the National Labor Relations Act (the “Act”) by maintaining employee handbook rules that 1) prohibited employees from conducting “personal business” while on the employer’s premises; 2) banned solicitation if it caused “discomfort or unreceptiveness”; 3) required the posting… Continue Reading

NLRB Reverses Long-Standing Rule To Allow Inclusion of Regular Employees and Third Party Employees in Single Bargaining Unit

Posted in Bush Board Reversal, Joint Employer, NLRA, NLRB, NLRB Decisions, Unions
In a much anticipated decision, the NLRB reversed existing precedent on temporary employees, holding that permanent employees and temporary staffing employees could be combined in the same bargaining unit without either the employer or the staffing agency’s consent. In its July 11, 2016 decision in Miller & Anderson, Inc., the NLRB overturned longstanding precedent, marking yet… Continue Reading

Will NLRB’s New ‘Joint Employer’ Standard Discourage Corporate Social Responsibility Initiatives?

Posted in Amici Briefs, Joint Employer, NLRB, Unions
All observers recognized that the National Labor Relations Board’s Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015) decision, overhauling decades of settled precedent, was going to have significant and far-reaching effects, as it greatly expanded the scope of relationships in which the Board would find entities to be “joint employers.” Most commentary has focused on… Continue Reading

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

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