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Report Link Executive Labor Summary: September/October 2009.Constangy, Brooks & Smith, LLP - November 03, 2009 What’s up with EFCA? Anybody’s guess; Constangy to argue 2-member Board case at Supreme Court; Handbook rule limiting media releases unlawful; More on the AFL-CIO convention;
HERE goes there; Have you hugged your nurse today? California leads the way – for better or worse; “Hey, kids – let’s rap! Unions are groovy!” Report Link With Or Without EFCA, Labor Reform Is Coming.Fisher & Phillips, LLP - November 02, 2009 The Employee Free Choice Act continues to languish amid partisan squabbles in Washington, which means that its controversial elements such as card check and mandatory interest arbitration are unlikely to see the light of day this year. But as the discourse continues on Capitol Hill, attention is now shifting to the anticipated composition of the National Labor Relations Board (NLRB), which is responsible for administering national labor policy pursuant to the National Labor Relations Act. Report Link NLRB UPDATE: Key NLRB Precedents Likely to Fall Under Liebman Board.Ford & Harrison LLP - September 15, 2009 In February 2009, President Obama appointed long-time Board member Wilma Liebman as Chairperson of the National Labor Relations Board (NLRB). As a member of the Bush-era Board under former Chairperson Robert Battista, Ms. Liebman dissented from most of the critical pro-employer decisions issued under the Battista Board. Analysis of Liebman's dissenting opinions provides a legal roadmap – charting the likely course the Liebman Board will take if presented with the opportunity to reconsider the issues addressed in these critical decisions. Report Link Key Precedents Likely to Fall Under Liebman Board.Ford & Harrison LLP - September 02, 2009 In February 2009, President Obama appointed long-time Board member Wilma Liebman as Chairperson of the National Labor Relations Board (NLRB). As a member of the Bush-era Board under former Chairperson Robert Battista, Ms. Liebman dissented from most of the critical pro-employer decisions issued under the Battista Board. Analysis of Liebman's dissenting opinions provides a legal roadmap – charting the likely course the Liebman Board will take if it is able to reconsider the issues addressed in these critical decisions. Report Link NLRB UPDATE: Key Precedents Likely to Fall Under Liebman Board.Ford & Harrison LLP - August 25, 2009 Earlier this year, Ford & Harrison began our series NLRB Update, analyzing 10 critical decisions issued by the Bush-appointed National Labor Relations Board ("NLRB" or "Board") that likely will be overturned in the next few years if reconsidered by an Obama-appointed Board now chaired by Wilma Liebman. Member Liebman's new position as Board Chair is particularly important, as she issued dissents in most of the critical pro-employer decisions issued under the Bush-era labor Board, challenging the reasoning and conclusions reached by the Board majority. Careful analysis of Liebman's dissenting opinions in these major decisions provides a legal roadmap – charting the likely course the Liebman Board will take if it is able to reconsider these issues. Report Link Executive Labor Summary (July/August)Constangy, Brooks & Smith, LLP - August 24, 2009 Beware of NLRB Nominee Becker, Chamber of Commerce says; Union must give hospital 10 days’ notice of workers’ refusal to work voluntary overtime; D.C. Circuit nixes employer-friendly NLRB ruling on non-work solicitations; “Full capacity” language in contract comes back to bite steel company. Report Link DOL Issues Proposed Rule Implementing Executive Order Requiring Posting of Employee Rights.Ford & Harrison LLP - August 21, 2009 On August 3, 2009 the Department of Labor issued a proposed regulation to implement Executive Order 13496, signed by President Obama on January 30, 2009. EO 13496 requires non-exempt Federal contractors and sub-contractors to post notices informing their employees of their rights under the Federal Labor laws, and more specifically, the National Labor Relations Act (NLRA). The proposed regulation does not apply to public sector employers or employers covered by the Railway Labor Act. The full text of the proposed regulation is available at: http://edocket.access.gpo.gov/2009/E9-17577.htm. Report Link NLRB UPDATE: Key NLRB Precedents Likely to Fall Under Liebman Board.Ford & Harrison LLP - July 24, 2009 Earlier this year, Ford & Harrison began our series NLRB Update, analyzing 10 critical decisions issued by the Bush-appointed National Labor Relations Board ("NLRB" or "Board") that likely will be overturned in the next few years if reconsidered by an Obama-appointed Board now chaired by Wilma Liebman. Member Liebman's new position as Board Chair is particularly important, as she issued dissents in most of the critical pro-employer decisions issued under the Bush-era labor Board, challenging the reasoning and conclusions reached by the Board majority. Careful analysis of Liebman's dissenting opinions in these major decisions provides a legal roadmap – charting the likely course the Liebman Board will take if it is able to reconsider these issues. Report Link NLRB UPDATE: Key NLRB Precedents Likely to Fall Under Liebman Board.Ford & Harrison LLP - July 14, 2009 Earlier this year, we began our series NLRB Update, analyzing 10 critical decisions issued by the Bush-appointed National Labor Relations Board ("NLRB" or "Board") that likely will be overturned in the next few years if reconsidered by an Obama-appointed Board now chaired by Wilma Liebman. In most of the critical Bush-era Labor Board decisions that favored employers, then Board member Liebman dissented, challenging the reasoning and conclusions reached by the Board majority. Careful analysis of Liebman's dissenting opinions in these major decisions provides a legal roadmap – charting the likely course the Liebman Board will take if it is able to reconsider these issues. Consequently, we can expect significant changes in certain labor policy areas going forward. Report Link Executive Labor Summary.Constangy, Brooks & Smith, LLP - July 01, 2009 EFCA update; Two-member rulings continue; Arbitration of statutory discrimination claims? Not so fast! Read the entire contract! Union win rate rises in 2008; Raynor finally outta HERE; “Am I here or at Dad’s this weekend?”; Wedding plans? Report Link CONGRESS CONSIDERS “PATRIOT CORPORATIONS OF AMERICA ACT” WITH PRO-UNION PROVISIONS.Ballard Rosenberg Golper & Savitt - June 26, 2009 A Congressional committee is currently reviewing a bill titled the "Patriot Corporations of America Act of 2009" (H.R. 1874), which would take effect for taxable years beginning after December 31, 2009. The bill's stated purpose is "to provide Federal contracting preferences for, and a reduction in the rate of income tax imposed on, Patriot corporations, and for other purposes." Report Link Appeals Court Holds NLRB Must Decide How Neutral Call-in Rule Applies to Striking HealthCare Workers.Jackson Lewis LLP - June 08, 2009 In a case of first impression, the U.S. Court of Appeals for the Second Circuit in New York has ruled that the National Labor Relations Board (the “Board”) erred by failing to consider how the “plant rule doctrine”, which permits an employer to enforce neutral rules covering the conduct of employees on company time, may be affected by Section 8(g) of the National Labor Relations Act (“NLRA”), which allows health care employees to strike after giving their employer at least 10 days’ notice, when it found that a home health care agency violated the NLRA by failing to reinstate striking workers immediately upon their request because they had not called in for their absences, as required by the employer’s rule. Report Link Trading A Tax Break For Unionization: Analyzing the Patriot Corporation Act.Fisher & Phillips, LLP - June 03, 2009 Most of the current focus among pro-management advocates is on the card-check provisions of the Employee Free Choice Act (EFCA). But don't lose sight of the fact that Congress is considering several other pro-labor legislative proposals that warrant scrutiny. One such proposal is the Patriot Corporations of America Act of 2009 (PCA) which, as drafted, provides employers with a Hobson's choice. One thing is clear: if enacted, the PCA will render EFCA moot with respect to the goal of increasing the success of union-organizing drives. Report Link Don't Let Unions Exploit Your Personnel Rules.Fisher & Phillips, LLP - May 12, 2009 Mistakes in drafting and enforcing employment policies can help a union to organize your institution. During union organizing drives, unions regularly look for legal violations by the targeted employer, including employment policies and practices that may violate the National Labor Relations Act (NLRA). Unions pursue and publicize such violations to undermine employee confidence in management and taint employer defenses to other charges that the union may file during the organizing drive. Report Link In Today's Labor Environment, Those Who Hesitate Are Lost.Constangy, Brooks & Smith, LLP - April 28, 2009 Whether the Employee Free Choice Act is enacted into law in its present form (unlikely) or a modified form, we will have a legislatively created method to make organizing easier. Unions are doing everything they can to keep the heat on. Recently the United Food and Commercial Workers union distributed a leaflet containing a union authorization card at the bottom with a picture of President Obama at the top and quoting him as follows: Report Link Executive Labor Summary (April 2009)Constangy, Brooks & Smith, LLP - April 21, 2009 EFCA update; It takes only two to tango, First Circuit says; Solis confirmed – "wealthy CEOs," beware!
Report Link Municipalities Can Void Public Employee Union Contracts Through Bankruptcy.Littler Mendelson, P.C. - March 26, 2009 In a case of first impression that could have far-reaching implications, a bankruptcy judge in California recently determined that municipalities that file petitions under Chapter 9 of the Bankruptcy Code (reorganization for municipalities) can reject existing collective bargaining agreements with public employee unions. Report Link PRESIDENT OBAMA ENCOURAGES UNION ACTIVITY WITH EXECUTIVE ORDERS.Shaw Valenza LLP - February 26, 2009 Union activity will likely dramatically increase during the current presidential term as a result of President Obama’s recent executive orders. Not surprisingly, Obama received organized labor’s endorsement during his campaign. Many describe him as the most vocally pro-union president since the New Deal. Shortly after inauguration, while signing three union-friendly executive orders, he announced, “I do not view the labor movement as part of the problem, to me it’s part of the solution” Recently, he signed a fourth and related order. Report Link Project Labor Agreements "Encouraged" in Latest Executive Order from Obama.Constangy, Brooks & Smith, LLP - February 19, 2009 President Barack Obama signed yet another pro-labor Executive Order this week. This most recent Order encourages (but does not yet require) federal agencies to use project labor agreements on federally funded construction projects that exceed $25 million. The Order is viewed as part of a continuing assault on merit shop construction businesses. Report Link Executive Labor Summary (Winter 2009)Constangy, Brooks & Smith, LLP - February 17, 2009 Union membership grew again in 2008; Solis nomination heads to full Senate; Employee Free Choice Act in Trouble?; Walkout To Attend Negotiations Not Protected; Divorce not final?
Get outta HERE, says UNITE; Employer helping with decertification petition is a little too helpful, NLRB finds; Oh, rats! It’s freedom of expression! Report Link New Executive Orders Will Help Unions Organize Federal Contractors (pdf).Vedder Price - February 16, 2009 President Obama recently issued four Executive Orders, making it easier for unions to organize workers at
federal contractors. When signing the Orders, President Obama stated that they were designed to “level
the playing fi eld for workers and the unions that represent their interests” in dealing with management. Report Link New Executive Order Encourages Use of Project Labor Agreements for Federal Construction Projects.Buchanan Ingersoll & Rooney PC - February 16, 2009 On February 6, 2009, President Obama signed Use of Project Labor Agreements for Federal Construction Projects, the latest in a series of executive orders affecting labor relations on covered construction projects. The order encourages — but does not require — executive agencies to consider using project labor agreements in connection with "large-scale construction projects" — construction projects where the total cost to the federal government is $25 million or more — involving the construction, rehabilitation, alteration, conversion, extension, repair or improvement of building, highways or other real property. A "project labor agreement" is any pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project. Report Link Obama Rescinds Beck Rule: Requires "Union-Friendly" Posting Instead.Constangy, Brooks & Smith, LLP - February 11, 2009 The Beck Rule regulations are still technically “on the books,” but the Office of Federal Contract Compliance Programs has indicated that it will no longer be investigating federal contractors for compliance, now that President Obama has revoked the rule. On January 30, 2009, the President signed an Executive Order revoking an earlier Executive Order from President George W. Bush, which had required federal contractors to post a notice in non-exempt worksites informing employees of their rights not to join a labor union and not to pay fees for union expenses unrelated to representation issues. This obligation in the Bush order was called the “Beck Rule” after the Supreme Court’s decision in Communications Workers of America v. Beck, which set forth such employee rights. Report Link Obama's Order On Union Organizing Expected to Have Limited Scope.Constangy, Brooks & Smith, LLP - February 11, 2009 Sending a clear pro-union signal to both employers and organized labor, President Obama initiated the first step toward what many believe will be a union-friendly agenda over the next four years. Executive Order No. 13495 could have a direct impact on a “cost-plus” contractor’s right and ability to react to a union organizing effort. Report Link President Obama Issues Fourth Pro-Union Executive Order.Jackson Lewis LLP - February 10, 2009 In another boost to organized labor, President Barack Obama on February 6, 2009, signed an Executive Order, effective immediately, authorizing executive agencies of the federal government to require every contractor or subcontractor on a large-scale construction project to negotiate or become a party to a Project Labor Agreement (PLA) with one or more labor organizations. This is the fourth pro-labor Executive Order signed by President Obama since January 30th. Report Link President Obama Signs Three (3) Pro-Labor Executive Orders.Elarbee, Thompson, Sapp & Wilson, LLP. - February 09, 2009 Making good on his promise to welcome organized labor back to the White House, President Obama signs three (3) pro-labor Executive Orders before over one hundred (100) labor leaders during a White House ceremony. Report Link FOUR EXECUTIVE ORDERS: New Requirements for Federal Contractors and a “Heads Up” for All EmployersFredrikson & Byron, P.A. - February 09, 2009 President Obama recently issued three Executive Orders that have a significant impact on federal contractors and provide a glimpse into his views about organized labor. The January 30 Executive Orders reverse certain obligations that President Bush imposed on federal contractors, creating new obligations and restrictions in their place. Report Link President Obama Signs Three Executive Orders That Affect Government Contractors' Labor Relations.Buchanan Ingersoll & Rooney PC - February 09, 2009 On January 30, 2009, President Barack Obama signed three executive orders that significantly affect federal contractors' relationship with their employees by disallowing certain costs related to persuading employees in connection with their right to form or not form a union and/or collectively bargain, requiring that applicable employees of a predecessor contractor be offered employment, and requiring contractors to post certain notices informing employees of their rights under the National Labor Relations Act. Report Link The Potential Impact of President Obama's Three Executive Orders And A New Task Force.Fisher & Phillips, LLP - February 06, 2009 On January 30, 2009 President Barack Obama fired three very clear shots across the bow of non-union employers. They were in the form of Executive Orders titled Nondisplacement of Qualified Workers Under Service Contracts, Economy in Government Contracting, and Notification of Employee Rights Under Federal Labor Laws. Report Link Federal Contractors: The one, two, three punch!Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - February 06, 2009 President Barack Obama signed a series of three executive orders on January 30, 2009 that he said should "level the playing field" for labor unions in struggles with management. President Obama stated, "I do not view the labor movement as part of the problem. To me, it's part of the solution." He then added, "You cannot have a strong middle class without a strong labor movement." Below is a summary of these pro-labor executive orders that apply to federal contractors. Report Link President Signs Three Executive Orders Affecting Contractors.Ogletree Deakins - February 06, 2009 Citing the “need to level the playing field for workers and the unions that represent their interests,” President Barack Obama on January 30 issued three Executive Orders affecting federal contractors. These Executive Orders – tangible evidence of President Obama’s belief that “we have to reverse many of the policies towards organized labor that we’ve seen these last eight years” – impose new constraints on employers that contract with the federal government. Report Link President Obama Issues Executive Orders Changing Labor Rules for Federal Contractors.Baker Hostetler LLP - February 05, 2009 On Friday, January 30, 2009, President Obama issued three executive orders substantially affecting the rights and duties of federal contractors and their employees, giving organized labor an expected early win. Signed on the second day that leaders of major unions were visiting with the President at the White House, these executive orders have the stated purpose of “level[ing] the playing field” between labor and management. Report Link OFCCP Discontinues "Beck" Onsite Visits in Response to President Obama's Executive Order.Jackson Lewis LLP - February 05, 2009 Effective immediately, the Office of Federal Contract Compliance Programs (“OFCCP”) has discontinued onsite visits to union employers during compliance reviews to ensure observance of “Beck” posting obligations and other requirements. Report Link Pro-Union Executive Orders Issued (pdf)Phelps Dunbar LLP - February 04, 2009 On January 30th, President Obama issued three new
union-friendly executive orders affecting federal contractors
and their employees. The orders are the product of the
President’s new Task Force on Middle Class Working
Families. Report Link President Obama Issues A Series of Pro-Labor Executive Orders.Ford & Harrison LLP - February 03, 2009 On Friday, January 30, 2009, President Obama signed three pro-labor executive orders affecting the rights of federal contractors and their employees. Intended to "level the playing field" for labor unions, the new executive orders reverse several Bush Administration policies that organized labor claims favored employers over unions. Report Link President Obama Issues Trio of Pro-Union Executive Orders; Significant Impact on Federal Contractors.Jackson Lewis LLP - February 03, 2009 In perhaps his strongest pro-labor message to date, President Barack Obama on January 30 signed three Executive Orders, which together would impact federal contractors significantly. In his remarks accompanying the signing, President Obama expressed a clear intention to reverse Bush-administration policies regarding organized labor. He emphasized that he does “not view the labor movement as part of the problem. To me, it’s part of the solution.” Report Link New President, New Labor Agenda.Fisher & Phillips, LLP - February 03, 2009 As Democrats take control of the Presidency and expand their control of Congress, employers await dramatic changes to labor and employment law. In the House and Senate, Democratic lawmakers are expected to introduce a host of controversial measures, from the now well-publicized Employee Free Choice Act (EFCA) to the lesser known Employment Non-Discrimination Act (ENDA). Report Link President Obama Issues Three Executive Orders That Dramatically Affect Labor Relations for Federal Contractors.Littler Mendelson, P.C. - February 03, 2009 President Barack H. Obama signed three executive orders during a ceremony at the White House on January 30, 2009: Economy in Government Contracting, Nondisplacement of Qualified Workers under Service Contracts, and Notification of Employee Rights under Federal Law. The three executive orders focus on federal contractors, but the pro-labor slant of the President's action signals a dramatic shift in labor policy at the highest levels of the federal government. In announcing the executive orders, Mr. Obama said, "I . . . believe that we have to reverse many of the policies towards organized labor that we've seen these last eight years, policies with which I've sharply disagreed. I do not view the labor movement as part of the problem, to me it's part of the solution. We need to level the playing field for workers and the unions that represent their interests, because we know that you cannot have a strong middle class without a strong labor movement." In the view of employers, however, the President did not "level" the playing field as much as tilted it decidedly in favor of unionization. Report Link President Signs Three Pro-Union Executive Orders.Jackson Lewis LLP - February 02, 2009 President Barack Obama signed three Executive Orders on January 30, 2009, that some describe as aimed at reversing Bush-era rules that critics view as “anti-union.” Report Link Supreme Court Allows Unions to Use Members' Dues to Finance Litigation Outside of the Bargaining Unit.Fisher & Phillips, LLP - January 23, 2009 Today the Supreme Court issued its decision in Locke v. Karass determining the ability of unions representing public sector employees to collect litigation costs as part of a compulsory "agency fee" authorized under state law, even if the litigation does not directly involve the local bargaining unit. Addressing a split among the Circuit Courts of Appeal on this issue, the Court refined a test previously set forth in Lehnert v. Ferris Faculty Ass'n, used for determining the propriety of including items in compulsory "agency fees" paid by nonunion members of a bargaining unit. Report Link Planning for Obama Administration Legislative and Enforcement Initiatives.Baker Hostetler LLP - January 23, 2009 Taking the new legislative, regulatory and enforcement outlook into account in decision-making ranges in difficulty from merely routine to nearly impossible. Report Link The RESPECT Act: Another Pro-Union Bill Lurking in Congress.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - December 29, 2008 Currently pending in Congress is another arrow in organized labor's quiver, the Re-Empowerment of Skilled and Professional Employees and Construction Tradesworkers Act (RESPECT Act) (H.R. 1644; S. 969). The target of this arrow is the National Labor Relations Act's (NLRA) definition of "supervisor." If enacted, the RESPECT Act would redefine the term and effectively turn numerous supervisors into rank and file employees subject to union organizing. Organized labor is pushing hard for passage, as this, along with passage of the Employee Free Choice Act, would swell the ranks of unionized employees. Report Link UNITE HERE In Hot Water With Cintas Employees.Fisher & Phillips, LLP - December 04, 2008 Picture yourself leaving work at the end of the day. As you enter the company's parking lot you see several strangers around your car. They appear to be photographing your license plate, and taking notes. Later that week two more strangers come to your house at night. They call you by name and ask if you'd like to hear more about their union. When you ask how they got your name, they say by running your license plate number through the State's department of motor vehicles. That chilling scenario is what happened to between 1,758 and 2,005 Cintas employees in 2004. Report Link Executive Labor Summary (Fall 2008)Constangy, Brooks & Smith, LLP - October 15, 2008 Third Circuit Agrees: UNITE HERE Shouldn’t Have Recorded Cintas Employees’ License Plate Numbers; Alcoa Bargained Over Decision to Stop Releasing Employees Early to Attend Union Meetings, Board Finds; Two-Member NLRB Keeps on Truckin’, But Some Want it to Take a Pit Stop;
Wal-Mart Defends Its Campaign Against EFCA; Quelle horreur! (It Could Happen Here, Folks.);
UFCW Dedicates 66% of Its Revenue to Organizing; NLRB General Counsel Still the Target of Union Handbilling; Get a Job, You Bum! Report Link Labor Law Update.Fredrikson & Byron, P.A. - September 22, 2008 The National Labor Relations Act affects both union and non-union employees. Whether your organization is unionized or not, you should know about the following developments. Report Link Executive Labor Summary.Constangy, Brooks & Smith, LLP - August 07, 2008 Union Button Not Disturbing; Where Objective Evidence Supports Loss Of Majority Status, The Employer Prevails Absent Rebuttal Evidence By General Counsel; More E-Mails From The NLRB; Not At My House!; Owner Personally Liable For Back Pay; Labor Board Rolls Along With Only Two Members; SEIU Update. 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 What Can Pennsylvania Employers Expect?Buchanan Ingersoll & Rooney PC - October 13, 2005 The AFL-CIO took a broadside hit at its historic 50th anniversary convention last July when the Service Employees (SEIU), Teamsters, and Food and Commercial Workers (UFCW) unions pulled out of the AFL-CIO altogether, and three other AFL-CIO members, UNITE-HERE, the Laborers and the Farm Workers unions, refused to participate in the convention. 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 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.
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December 9, 2009 Shaw Valenza |
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