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Report Link NLRB Issues Four Important Decisions Impacting Employers.Ogletree Deakins - February 11, 2008 The National Labor Relations Board recently issued several decisions that directly impact both union and non-union employers. In the first case, the Board ruled that voluntary recognition does not bar a decertification petition or a rival petition during the 45 days following recognition. In the second case, the Board held that filing a reasonably based lawsuit is not unlawful regardless of the motive behind the suit. The third case modified the standard for hiring bias claims brought under the National Labor Relations Act (NLRA). In the fourth and final case, the Board found that the “at-will” status of replacement workers does not prevent an employer from considering the replacements to be “permanent.” Below is a summary of each of these important rulings. Report Link Board Finds ULP Charges Barred by Release in Termination Agreement.Ford & Harrison LLP - December 19, 2007 The National Labor Relations Board (NLRB) recently held that waivers signed by a group of terminated employees in exchange for enhanced severance benefits barred unfair labor practice (ULP) charges filed by a union on behalf of the employees. See BP Amoco Chemical-Chocolate Bayou, 351 NLRB No. 39 (Sept. 29, 2007). In its 2-1 decision, the Board majority applied the factors it considers in determining whether a private settlement of a ULP is valid. Report Link U.S. Government Urges the Supreme Court to Strike California's Union "Neutrality" Legislation.Jackson Lewis LLP - October 25, 2007 As we have reported in several prior updates, Jackson Lewis represents a prominent group of employer associations that formed an alliance to challenge California Assembly Bill 1889 (AB 1889). Known as a "neutral" spending measure, AB 1889 was enacted by the California state legislature to prohibit employers from using state funds to "assist, promote, or deter union organizing." Cal. Govt. Code § 16645(a). Report Link Labor Board Issues Three Decisions Unions Will Not Like.Vedder Price - October 23, 2007 The National Labor Relations Board has just issued several important employer-friendly decisions. The Bushappointed majority of the fi ve-member Board has (i) created a window period for fi ling election petitions following an employer’s voluntary recognition of a union, (ii) stiffened the evidentiary requirements for determining whether an employer violates the National Labor Relations Act by refusing to hire union organizers, also known as “salts,” and (iii) sanctioned the hiring of permanent striker replacements on an at-will basis. Report Link Board Finds Reasonably Based Lawsuits Against Unions Protected.Ford & Harrison LLP - October 09, 2007 In response to a U.S. Supreme Court order remanding the case for consideration by the Board, a 3-2 Board majority has held that the filing and maintenance of a reasonably based lawsuit does not violate the NLRA, regardless of the motive for bringing it. See BE&K Construction Co., Cases 32-CA-9474, 32-CA-9475, and 32-CA-12531-1-8 (Sep. 29, 2007). In this case, BE&K Construction sued a group of unions, claiming, among other things, that the unions violated the antitrust laws by engaging in efforts to delay a construction project that had been awarded to BE&K (which is a union-free employer). The lawsuit was ultimately unsuccessful. After the lawsuit was dismissed, the Board found that BE&K violated Section 8(a)(1) of the Act by filing the lawsuit. Report Link UNITE HERE Inks Major Contract Deal With Las Vegas Resorts.Fisher & Phillips, LLP - October 04, 2007 MGM Mirage, which operates 10 hotel/casinos in Las Vegas, entered into a five-year agreement covering 21,000 workers there. Although ratified on August 24, the deal is retroactive to June 1. Report Link Organized Labor’s Losing Streak Continues.Elarbee, Thompson, Sapp & Wilson, LLP. - July 13, 2007 The National Labor Relations Board (NLRB) and the United States Senate have recently delivered a “one-two” punch to organized labor. The first set back for unions was a pro-employer decision by the NLRB that may discourage the use of “salts” by labor unions to infiltrate and organize workers. In 1995, the Supreme Court ruled that an employer cannot reject an applicant solely because he or she is a “salt” encouraged or paid by a union to seek employment for the purpose of organizing the workforce. If an employer was found guilty of discriminating against the “salt,” the NLRB calculated an employer’s back pay liability from the date the salt was rejected until the NLRB issued a final ruling. This usually meant an employer faced years of back pay and interest exposure. Report Link One More Reason To Stay Union-Free.Fisher & Phillips, LLP - June 25, 2007 Ronald Meisburg, the General Counsel of the National Labor Relations Board, recently issued a memorandum announcing additional remedies that Board agents will be seeking against employers (and unions) who violate their duty to bargain in good faith during collective bargaining for a first contract. Report Link D.C. Circuit Court Rejects NLRB's Position on Two Important IssuesBuchanan Ingersoll & Rooney PC - June 22, 2007 In a significant common situs picketing decision issued on June 19, 2007, Sheet Metal Workers' International Association v. NLRB, No. 06-1028 (D.C. Cir. 6/19/07), the D.C. Circuit rejected the NLRB's position on two important issues. First, the court held that a union did not violate the secondary boycott law by failing to promise to comply with that law when the union advised a neutral property owner that it intended to picket a primary employer doing business at the neutral owner's premises. The court relied heavily on the fact that, when the union threatened to picket, the owner had not yet established a reserved gate system. Report Link Legislative Update: EFCA and Other Pro-Labor Legislation Proceed in Congress.Jackson Lewis LLP - March 27, 2007 Newly elected Congress is introducing notable legislation that could significantly alter long standing labor law doctrine. This article discusses three new initiatives. Report Link Legislation Supporting Unions, Employees Moving Swiftly Through Congress.Jackson Lewis LLP - February 19, 2007 The new Democratic Congress is pushing ahead aggressively with its Employee Free Choice Act, an increased federal minimum wage and federal genetic non-discrimination legislation. The speed with which this legislation is moving through Congress is remarkable. Report Link Quarterly Update of NLRB and Related Court Decisions January 2007.Jackson Lewis LLP - February 02, 2007 In this second of a quarterly series, Jackson Lewis LLP's Labor Practice Group summarizes National Labor Relations Board ("NLRB" or "the Board") and related court decisions primarily issued between approximately August 2006 and December 2006 applicable to private sector employers. Board decisions generally continue to reflect the pro-business views of the current Board members and administration. Report Link Employee Free Choice Act Legislation Pending Before Congress (pdf).Phelps Dunbar LLP - January 25, 2007 A bill currently pending in Congress has the potential
to alter the union-management landscape more than
perhaps any other labor relations legislation in the last fifty
years. Many believe the creatively entitled “Employee Free
Choice Act” (“EFCA”) will, in spite of its name, actually
deprive employees of free choice regarding union
representation and function so as to intimidate employers
with increased penalties for certain labor law violations, if
enacted in its current form. Report Link Duluth Mandates Union Card-Check Recognition for City-Funded Hotel and Restaurant Projects.Jackson Lewis LLP - November 01, 2006 Staying true to its pro-labor tradition, the City of Duluth, Minnesota has enacted an ordinance requiring employers at hotel and restaurant development projects receiving city funding to recognize labor unions through a "card-check" procedure. Recognition by "card-check" has become a favorite vehicle for helping unions expand their membership without allowing employees an opportunity to vote. Report Link Quarterly Update of NLRB and Related Court Decisions.Jackson Lewis LLP - October 30, 2006 The National Labor Relations Board and courts regularly issue decisions interpreting the National Labor Relations Act relevant to unionized and union-free employees. In addition to continuing to summarize and post the implications of significant decisions on an individual basis, such as the recent series of decisions addressing supervisory status. Report Link Increasing Employer Control: The NLRB Significantly Restricts Nurses' Right to Wear Certain Union-Related Buttons.Littler Mendelson, P.C. - July 31, 2006 Employees in healthcare facilities have long had the right to wear union-related buttons and other insignia outside of immediate patient care areas. A recent National Labor Relations Board decision, however, has significantly restricted this right, giving employers broader discretion in some circumstances to ban the wearing of certain union-related buttons. Report Link Employment Arbitration Policies Must Expressly Exclude NLRA Charges.Littler Mendelson, P.C. - June 28, 2006 All private sector employers that maintain mandatory employment arbitration policies for nonunion employees should review those policies as a consequence of the recent decision of the National Labor Relations Board ("the Board" or NLRB) in U-Haul Co. of California, 347 NLRB No. 34 (2006). In that decision, the Board held that an employer's policy violated the National Labor Relations Act (NLRA) because it did not expressly exclude from the disputes subject to mandatory arbitration any unfair labor practice charges that may be filed under the NLRA. Report Link Northwest Enters Into New Restructuring Deals (pdf).Ford & Harrison LLP - April 06, 2006 This month has brought Northwest new
tentative deals covering pilots and flight
attendants and a ratified agreement with
agents, major achievements in the company’s
restructuring efforts to reduce total annual labor
costs by $1.4 billion. Report Link World Pilots To Vote On Tentative Contract (pdf).Ford & Harrison LLP - April 06, 2006 World Airways pilots ended a nine-day strike after agreeing on
a new tentative contract February 5th. The 430 crewmen,
represented by the International Brotherhood of Teamsters
(IBT), struck the company’s commercial operations on January 28th at
the end of a 30-day cooling off period. The union plans to complete
the ratification process in early March. The current contract became
amendable in June 2003. Report Link New York Transit Strike FAQs.Jackson Lewis LLP - December 22, 2005 Six question FAQ about the NYT strike. Report Link Good Times for Employers at the NLRB.Fredrikson & Byron, P.A. - March 11, 2005 The National Labor Relations Board has recently issued a number of decisions that are of interest to nonunion employers. The cases address whether a nonunion employee is entitled to have a representative or witness present during an investigatory interview and when workplace policies may run afoul of the National Labor Relations Act. Report Link Minnesota Hospitals Unlawfully Refused to Hire Striking RNs.Jackson Lewis LLP - December 10, 2004 The National Labor Relations Board has ruled that seven Minnesota hospitals committed labor law violations by refusing to consider or hire for temporary employment registered nurses on strike against other area hospitals. Report Link McSloy and Bassen: A great nation breaks its word: Indians, unions and the NLRB (pdf)Hughes Hubbard & Reed LLP - June 25, 2004 In 1960 in Federal Power Commission v. Tuscarora, the Supreme Court allowed Tuscarora lands to be taken and flooded for a dam, holding that the relevant federal statute did not expressly exempt Indian nations. Report Link UNITE and HERE Announce Plans for Merger to Boost Organizing, Legislative Clout.Jackson Lewis LLP - March 05, 2004 Two major unions, UNITE, the clothing, textiles and laundry workers union, and the Hotel Employees and Restaurant Employees International Union, have announced plans to merge into a new union to be called UNITE HERE. Report Link "American Workers are Struggling More Than Ever".Knowledge@Wharton (Reg Required) - February 10, 2004 Nobody epitomizes organized labor like the American Federation of Labor and Congress of Industrial Organizations. Report Link When a Union is Already in the House.Jackson Lewis LLP - September 23, 2003 Employers with both unionized and union-free employees face a unique set of issues. Report Link If the Unions Don't Like It, It Must be Working.Jackson Lewis LLP - September 22, 2003 Good news!? Stewart Acuff, the AFL-CIO's Director of Organizing, is blaming employer counter-organizing efforts for labor's continuing "poor" showing in its efforts to gain new union workers. Report Link Non-Union? Don't Forget the NLRA.Fredrikson & Byron, P.A. - August 27, 2003 We most often identify the National Labor Relations Act (NLRA or the Act) with union-management relations or efforts to unionize a workforce. As discussed in a previous article on "Weingarten" rights, the NLRA also applies to employers with no union-represented employees. Report Link Recent Developments in Labor-Management Relations [35 Page PDF File].Thelen Reid & Priest LLP - January 15, 2003 2001–2002 Selected Case Law. Report Link Business-Only E-Mail Policies Under Fire.Kilpatrick Stockton LLP - December 01, 2002 Recently, the validity of [business-only email] policies has been called into question by two Administrative Law Judge (ALJ) decisions analyzing e-mail policies under the National Labor Relations Act (NLRA). Report Link Nonunion Employees Find Protection Under Federal and State Labor Laws.Jackson Lewis LLP - September 16, 2002 The extent to which employees not covered by collective bargaining agreements are protected from discipline and discharge for concerted activities under the National Labor Relations Act has been at issue in several recent court decisions. Report Link Poll Shows More Employees Receptive to Union Representation.Jackson Lewis LLP - September 15, 2002 For the first time since 1984 (when the AFL-CIO first asked) 50 percent of workers who don't already have a union say they would join a union tomorrow if given the chance. That number is up from 42 percent since last year.
Report Link Federal Labor Law Can Apply to Non-Union Companies [PDF File].Kirkpatrick & Lockhart LLP - December 01, 2001 Discusses NLRB v. Caval Tool Division, No. 00-4203 (2d Cir., August 21, 2001), in which the court held that an individual non-union employee's protest over working conditions was protected concerted activity.
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ArticlesFound: 33 ArticlesNO SUBTOPICSEmployment Law Seminars
WORKPLACE VIOLENCE: STRATEGIES FOR PREVENTION
Sacramento
July 8, 2008 Shaw Valenza LLPBenefits "Q And A": Get The Benefit From Our Benefits ExpertsEast Elmhurst
2008-7-8 Queens Chamber of CommercePREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Eureka
July 10, 2008 Shaw ValenzaThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActNew London
2008-7-16 Jackson Lewis LLPThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-7-16 Jackson Lewis LLPFree Lunchtime Webinar: Protecting Company Assets: Trade Secrets, Non-Competition, And The World Of Restrictive Covenants: Will The Courts Really Enforce These Agreements?Online
July 17, 2008 Fisher & PhillipsDealing With HR Dilemmas In The Digital AgeMelville
2008-7-17 Jackson Lewis LLPDealing With HR Dilemmas In The Digital AgeIrving
2008-7-17 Jackson Lewis LLPComplimentary Breakfast Briefing for In-House Counsel, Senior Management and HR ProfessionalsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLP |
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