Labor Relations Today

Labor Relations Today

Tag Archives: Remedies

LRToday in WaPo: “Significant Labor Law Changes Will Bypass Congress”

Posted in Bush Board Reversal, Executive Orders, Government Contracting, Legislation, Media Round-Up, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, White House
Today’s Washington Post‘s "Capital Business" section published a piece I wrote about what to expect from labor law developments during the coming months.  The intro: When President Obama took office in early 2009, many expected significant legislative changes in the area of traditional labor law to facilitate union organizing in the private sector. But the… Continue Reading

NLRB Has Busy Last Week of 2010 Issuing Twelve Published Decisions

Posted in NLRB Decisions, Remedies, Unfair Labor Practices
The National Labor Relations Board was busy during the last week of 2010, issuing twelve published decisions and a number of additional unpublished decisions in representation cases.  Interesting decisions handed down last week include: Salon/Spa at Boro, Inc., 356 NLRB No. 69 (Dec. 30, 2010):  In this straightforward 8(a)(1) interrogation and discharge case, the Board approved… Continue Reading

NLRB’s Acting General Counsel Announces Another Expansion of Remedies: Reading Notices, Union Access to Bulletin Boards, Employee Contact Info

Posted in EFCA, NLRB Rule-Making, Remedies, Unfair Labor Practices
The Employee Free Choice Act appears completely dead — not just "mostly dead," as it is unlikely to make the lame duck Congressional agenda as many feared.  Yet, the National Labor Relations Board continues its recent efforts to expand traditional Board remedies administratively without the passage of new legislation.  Today, Acting General Counsel Lafe Solomon… Continue Reading

NLRB Grants Default Judgment Pursuant to Settlement Agreement Language

Posted in EFCA, NLRB Decisions, Remedies, Unfair Labor Practices
The Employee Free Choice Act provision which garnered the least attention during the legislative push for the bill during the last several years was the section expanding remedies under the National Labor Relations Act.  After EFCA’s future prospects appeared particularly dim, back in February 2010, we speculated in a Bloomberg Law Reports piece that the National… Continue Reading

How Will Republican Landslide Impact Major Labor Legislation?

Posted in Bush Board Reversal, EFCA, Executive Orders, House of Representatives, Legislation, NLRB Decisions, NLRB Rule-Making, Remedies, Senate, White House
On Tuesday, Republicans gained a majority in the House, picking up at least 60 seats with several more races remaining too close to call. Republicans also picked up 6 seats in the Senate but fell short of gaining the majority. MLA’s client advisory on the election results is available here. What impact might the significant… Continue Reading

NLRB Expands Notice-Posting Remedy, Will Order Employers and Unions to Post Employee Notices Electronically

Posted in NLRB Decisions, Remedies, Unfair Labor Practices
In J.Picini Flooring, 356 NLRB No. 9 (Oct. 22, 2010), Members Becker and Pearce joined Chairman Liebman in holding that “respondents in Board cases should be required to distribute remedial notices electronically when that is a customary means of communicating with employees or members.”  The decision expands the customary Board remedy of posting paper notices… Continue Reading

NLRB Awards Compound Interest, Changing Long-Standing Rule

Posted in NLRB Decisions, Remedies
In a unanimous decision issued Friday, the National Labor Relations Board held that henceforth it would order daily compound interest on backpay awards — "deviating" from its long-standing practice of issuing simple interest in unfair labor practice cases.  The 4-0 decision in Jackson Hospital Corporation, 356 NLRB No. 9 (October 22, 2010) explains: For nearly 50… Continue Reading

NLRB Acting General Counsel Announces Effort to Enhance Pursuit of 10(j) Injunctions in Discharge Cases

Posted in EFCA, Federal Court Litigation, NLRA, NLRB Administration, Remedies, Unfair Labor Practices
NLRB Acting General Counsel Lafe Solomon has announced an initiative to increase the consideration and pursuit of Section 10(j) injunctive relief in so-called “nip-in-bud” cases, including employee terminations during a union organizing campaign. According to the announcement: …in all cases found meritorious the General Counsel’s office will consider seeking a federal injunction that would compel… Continue Reading

Senator Lincoln (D-AR) Declines to Debate Challenger Until He States Position on EFCA

Posted in EFCA, Expedited Elections, Remedies
The run-off primary election between Senator Blanche Lincoln (D-AR) and challenger Lt. Gov. Bill Halter (D-AR) is one of the primary elections most closely tracked by EFCA watchers.  Senator Lincoln prominently announced she would not be supporting cloture on the bill back in March 2009, soon after Sen. Arlen Specter (then R-PA) made a similar announcement.  These declarations were… Continue Reading

NLRB Decision Footnote Could Foreshadow Rulemaking on Compound Interest Awards

Posted in NLRB Decisions, NLRB Rule-Making, Remedies
Late last week the NLRB decided two additional cases.  In Scheid Electric, 355 NLRB No. 27 (Apr. 29, 2010), the Board found that the employer unlawfully withdrew recognition of the union representative, unilaterally changed terms and conditions of employment and interrogated and constructively discharged a union steward. The second case contains a far more interesting footnote. … Continue Reading

AEI Policy Paper: The Impact of EFCA on U.S. Economy

Posted in EFCA, Interest Arbitration, Remedies
American Enterprise Institute has issued a policy paper by UCLA Economics Professor Lee Ohanian entitled "The Impact of the Employee Free Choice Act on the U.S. Economy."   From the Professor’s summary: Gauging the impact of higher unionization on the economy, however, depends on how many more workers are unionized, how much their wages rise as a… Continue Reading

MLA in Bloomberg Law Reports: “Key Remedial Elements of the Employee Free Choice Act That May Be Implemented Without Legislation”

Posted in EFCA, MLA Media, NLRB, Remedies
MLA attorneys Richard Hankins and Seth Borden co-authored a piece in today’s Bloomberg Law Reports entitled "Key Remedial Elements of the Employee Free Choice Act That May Be Implemented Without Legislation."  The piece explores the likelihood of a fully-constituted National Labor Relations Board pursuing an expansion of its recent approaches to injunctive relief, civil penalties, Gissel bargaining orders, and "first contract" remedies.   The… Continue Reading

Could Pieces Of EFCA Find Way Into Jobs Bill?

Posted in Alternative Labor Law Reform, EFCA, Interest Arbitration, Legislative Strategy, Remedies, Senate
As prospects for Senate passage of the Employee Free Choice Act, in its current form, have waned, observers have turned their attention to alternative ways in which the bill’s components might be implemented.  The possibility attracting the most commentary lately has been the prospect of a new National Labor Relations Board majority, sympathetic to organized labor,… Continue Reading

Debate Over Becker Nomination, Potential Impact of EFCA Provisions, Continues

Posted in Beyond EFCA: Labor's Agenda, Card Check, EFCA, Interest Arbitration, Legislative Strategy, NLRB, Remedies, Senate, White House
The Senate Health, Education, Labor & Pensions (HELP) Committee is scheduled for an executive session tomorrow to consider pending nominations by the President.  The Hill reports today, however,  that a spokeswoman for HELP Committee Chairman Tom Harkin (D-Iowa) said the Committee will not be considering the re-nomination of Craig Becker to the NLRB this week.  Nonetheless, business groups continue to ramp up their opposition to… Continue Reading

Bloomberg News: Retailers Restate Reservations About EFCA as 2010 Approaches

Posted in EFCA, Interest Arbitration, Remedies
Bloomberg News today runs a report "‘Stay Union-Free’ Pushed by Target, Michaels as Obama Law Looms."  There is no real new information in the piece, but the following passages refer to the current approach of the retailers mentioned in the headline:   Minneapolis-based Target, the second-biggest U.S. discount retailer, updated its anti-union video for employee training to explain the consequences of… Continue Reading

EFCA Debate Likely to Resume in 2010

Posted in Alternative Labor Law Reform, Card Check, EFCA, Expedited Elections, Interest Arbitration, Legislative Strategy, Remedies, Senate
Back in August, AFL-CIO President (then Treasurer-Secretary) Richard Trumka told a webchat audience that efforts to pass the Employee Free Choice Act would probably not advance any further until after Congress was through with healthcare reform.  As the debate over the healthcare legislation soldiers on, Tuesday’s Politico noted "For labor, there’s always next year": To be sure, health care reform has… Continue Reading

The Hill: Dem Senators Back Off Specter’s Announcement of EFCA Deal

Posted in Card Check, EFCA, Expedited Elections, Filibuster, Interest Arbitration, Legislative Strategy, Remedies, Senate
Kevin Bogardus of The Hill remains one of the most active reporters on the status of the Employee Free Choice Act.  His piece this morning compiles the commentary of numerous Democrat lawmakers seeking to mitigate Senator Arlen Specter’s (D-PA) assurances to the AFL-CIO that an alternative EFCA bill had been finalized and would pass in 2009. … Continue Reading

Senator Specter to AFL-CIO: We’ll Pass Bill For Quick Elections, Union Access, Baseball Arbitration and Triple Penalties Against Employers in 2009

Posted in Card Check, EFCA, Expedited Elections, Filibuster, Interest Arbitration, Legislative Strategy, Remedies, Senate, Special Interests
During the past few days a virtual parade of high-ranking Democrats have addressed the AFL-CIO constitutional convention to pledge support for organized labor and the Employee Free Choice Act.  President Obama, Secretary of Labor Hilda Solis, Senate Majority Leader Harry Reid (D-NV), and House Speaker Nancy Pelosi (D-CA) have all spoken to the assembled union… Continue Reading

Former NLRB Chairman Gould Calls For Increased Penalties, Quicker Elections and Limited Arbitration, While Criticizing Current Version of EFCA

Posted in EFCA, Expedited Elections, Interest Arbitration, NLRB, Remedies
On July 22, 2009, Rep. Zoe Lofgren (D-CA) entered an extension of remarks into the Congressional Record in support of the Employee Free Choice Act.  Rep. Lofgren submitted a July 20, 2009 speech by former NLRB Chairman William B. Gould IV to the 58th Annual Conference of the Association of Labor Relations Agencies. Chairman Gould… Continue Reading

Pro-EFCA Group Using Twitter To Deceive Readers Into Signing Petition

Posted in Alternative Labor Law Reform, EFCA, Interest Arbitration, Remedies
Perhaps providing EFCA’s critics a prime example of the type of deception card-check organizing can subject workers to, The Hill reports that American Rights at Work is "using tags on Twitter to con opponents of the legislation into signing a petition supporting it."   According to The Hill: The misleading campaign first showed up on Saturday, when… Continue Reading

Commentary Magazine: Preparation for “EFCA Lite”

Posted in Card Check, EFCA, Interest Arbitration, Remedies
Jennifer Rubin asks at Commentary Magazine’s blog whether the groups that opposed EFCA are as well prepared to confront a "lite" version of the bill offered as compromise.  Her excellent post suggests these strategic possibilities: … There are a couple avenues which they haven’t yet explored, in large part because they were able to beat back EFCA by… Continue Reading

More On “Alternative” Proposal from Group of Retailers

Posted in EFCA, Remedies
As reported earlier, three major retail outfits — Starbucks, Costco and Whole Foods — have formed a coalition, dubbed the "Committee for Level Playing Field," designed to explore an alternative path to labor law reform.  On a conference call earlier today, the group announced its "Principles of Reform," to wit: (1) Secret Ballot. Guarantee the… Continue Reading

Three Major Retailers Announce Proposed Alternative to EFCA

Posted in EFCA, Remedies
Today’s AP reports that Starbucks, Whole Foods and Costco have announced that they intend to submit alternatives to EFCA for widespread consideration.  The report (via the Minneapolis Star-Tribune) states: …[T]he companies on Saturday announced an ad hoc committee aimed at pushing through alternatives. Their proposals will seek to maintain management’s right to demand a secret ballot election and would leave… Continue Reading

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