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Report Link The Second Circuit Reinforces the Right of Property Owners to Exclude Nonemployee Union Organizers from Their Premises.Littler Mendelson, P.C. - August 05, 2008 On July 18, 2008, the United States Court of Appeals for the Second Circuit issued a favorable decision for private property owners who wish to prevent nonemployee union organizers from accessing their property. In Salmon Run Shopping Center LLC v. National Labor Relations Board, Case 06-4961 (2d Cir. July 18, 2008), the court refused to enforce a National Labor Relations Board order requiring a private shopping mall to allow nonemployee union organizers to distribute to mall patrons literature critical of a mall tenant. Report Link Customer Service or Union Organizing – NLRB Sets Hotel Priorities.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 01, 2008 A recent decision of the National Labor Relations Board (NLRB) addressed several work rules that impact the hospitality industry. The first rule raised the question of to what extent a hotel can lawfully control the solicitation and distribution activities of its employees on the hotel's premises. Report Link NLRB Order Overturned in Shopping Mall Case.Buchanan Ingersoll & Rooney PC - July 25, 2008 The U.S. Court of Appeals for the Second Circuit recently overturned a 2006 National Labor Relations Board (NLRB) ruling against the operator of an enclosed shopping mall in Watertown, New York. Salmon Run Shopping Center v. N.L.R.B., No. 06-4961 (2d Cir. Jul. 18, 2008). The NLRB held that the mall violated the law by denying the Carpenters Union permission to distribute two flyers to the public inside the mall. One flyer listed the benefits of union membership and the second flyer alleged that a non-union contractor doing work for a retailer/tenant of the mall did not pay "area standard" wages. Report Link [Health Care] Union Infighting: What it Means for Health Care Employers (pdf).Jackson Lewis LLP - July 23, 2008 In March 2008, the Catholic Healthcare
Partners (CHP) hospital chain of Ohio and the
Service Employees International Union (SEIU),
District 1199, agreed to an unusual “no campaign”
pre-election period. With SEIU’s support,
CHP filed an “RM petition” with the
National Labor Relations Board (NLRB) calling
for an election among the health system’s nurses
to decide whether to be represented for the
purposes of collective bargaining by the SEIU. Report Link Union Schedules Anti-Buyout-Firms "Day of Action".Jackson Lewis LLP - July 14, 2008 At the June quadrennial convention of the Service Employees International Union in Puerto Rico, the union announced that it was planning a “global day of action,” called “Take Back the Economy,” on July 17, 2008. The union, which claims two million members, denies that the action simply is to protest the private equity industry, but that seems to be exactly the case. Report Link Hospitality Labor Letter: Box Score (Spring 2008).Fisher & Phillips, LLP - June 05, 2008 There have been 24 union petitions at hospitality employers, that we are aware of, filed since the beginning of 2008. Report Link Prohibition on Union Buttons May Violate National Labor Relations Act.Ogletree Deakins - June 03, 2008 The 9th U.S. Circuit Court of Appeals has overturned a decision by the National Labor Relations Board related to a hospital’s prohibition on union buttons. According to the Ninth Circuit, prohibiting the buttons violated nurse/employees’ rights under the National Labor Relations Act. Report Link Ninth Circuit Rejects NLRB's Ruling That Restricted Nurses' Right to Wear Certain Union-Related Buttons.Littler Mendelson, P.C. - June 02, 2008 In 2006, the National Labor Relations Board held in Sacred Heart Medical Center that employers had the right to restrict the wearing of union-related buttons and other insignia in immediate patient care areas. See Littler's July 2006 ASAP "Increasing Employer Control: The NLRB Significantly Restricts Nurses' Right to Wear Certain Union-Related Buttons."
Subsequently, the Washington State Nurses Association (WSNA) filed a petition with the United States Court of Appeals for the Ninth Circuit requesting a review of the NLRB decision. The Ninth Circuit granted the petition and, on May 20, 2008, issued a ruling remanding the case with directions for the Board to reinstate findings that the hospital's button ban violated the rights of employees under the National Labor Relations Act (NLRA). (Washington State Nurses Ass'n v. NLRB, 9th Cir., No. 06-74917, 5/20/08). Report Link Restrictions on Hospital Employees' Wearing of Union Message Buttons Rejected by Court of Appeals.Jackson Lewis LLP - May 23, 2008 The U.S. Court of Appeals for the Ninth Circuit has ruled that the National Labor Relations Board ("NLRB") had insufficient support for its finding of "special circumstances" that allowed a Spokane, Washington, hospital to prohibit nurses from wearing a button that said "RNs Demand Safe Staffing" in any area where they may encounter patients or family members. Report Link Unions Maintain Focus On Healthcare Employers.Fisher & Phillips, LLP - May 06, 2008 While their overall membership rates continue to decline, unions remain focused on attracting and organizing new dues-paying members in the relatively untapped healthcare market. Maintaining a historic trend, union membership dropped again last year; it's now less than 9% of the private sector workforce, roughly 12.0% counting public employers. Report Link Auto Dealership Update: Unions Push on Several Fronts.Fisher & Phillips, LLP - May 02, 2008 Organized labor's efforts to unionize auto dealerships continued unabated during 2007. While these efforts will no doubt continue in 2008, federal legislative changes loom on the horizon which, if enacted, will significantly increase the number of successful unionization efforts. Regardless of whether these changes are implemented, dealerships should consider implementing an updated pre-campaign strategy designed to anticipate and adapt to labor's evolving unionization efforts. Report Link California Nurses Association Launches New Wide-Ranging Mail Campaign.Fisher & Phillips, LLP - April 15, 2008 Fresh from its "victory" in an election at Cypress Fairbanks Hospital in Houston, the California Nurses Association (CNA) has wasted no time in launching a wide-spread direct mail campaign that targets registered nurses in several states. The full color tri-fold campaign pieces, which have been arriving in nurses' homes during the past 10 days, include union authorization cards. At a minimum, nurses in Texas, Florida, North Carolina, South Carolina, Georgia, Kentucky and Illinois have received these mailers. Report Link Nurses at Houston Area Hospital Vote for Union Representation.Baker Hostetler LLP - April 14, 2008 On March 28, 2008, registered nurses at Cypress Fairbanks Medical Center Hospital (Cypress Fairbanks) outside of Houston, Texas voted 119-111 for representation by the California Nurses Association (CNA) in a landmark election conducted by the National Labor Relations Board. Although there were nearly 300 eligible voters, only about 80% of the nurses voted in the election. This is believed to be the first group of healthcare workers in the state of Texas to vote for union representation. Report Link Houston Nurses Vote for Unionization.Fisher & Phillips, LLP - April 08, 2008 It has been no secret that high-profile unions are devoting considerable resources to their attempts to organize employees in the healthcare industry. Bolstered by success in California, New York, Illinois and Florida, the California Nurses Association (CNA) and the Service Employees International Union (SEIU) have now set their sights on the vast, relatively untapped state of Texas. Report Link Pay Attention to Today’s “Reorganized Labor” (pdf).Jackson Lewis LLP - March 17, 2008 Back in 2005, when many unions were pulling out of the huge labor federation AFL-CIO, organized labor’s power seemed on the decline. Now, three years later, with plenty of money to spend, the organized labor movement is roaring again. “Labor leaders see the 2008 presidential election as an ace in the hole, expecting a new administration and federal legislation that would make union organizing far easier,” says HR Magazine’s insightful article, “Reorganized Labor” Report Link 9th Circuit Upholds Casino's Right to Express Opinions on Unionization.Fisher & Phillips, LLP - March 12, 2008 The rule of thumb for employers facing union campaigns dictates that managers may offer employees facts about unions, their opinions on unions in general, or their personal experiences in previous dealings with unions. The general limitation on this rule is that employers may not threaten employees, interrogate or spy on them, or promise benefits in exchange for opposing the union. Report Link Labor Board Approves Restrictive E-mail Policies (pdf).Ballard Rosenberg Golper & Savitt - February 13, 2008 The NLRB just announced new guidelines for private sector employers. Report Link New Pitfalls for Neutrality and Card Check Agreements -- The NLRB Changes the Rules On Voluntary Union Recognition.Hogan & Hartson LLP - October 10, 2007 In a case handled by Hogan & Hartson LLP, the National Labor Relations Board (the NLRB or Board), with two members vigorously dissenting, has issued a decision which the Board itself characterized as marking “a significant departure from preexisting law” in the area of voluntary recognition of labor unions and the Board’s recognition-bar doctrine. Dana Corporation, 351 NLRB No. 28 (decided September 29, 2007). Report Link Labor Board Rule on Voluntary Union Recognition and First Bargaining Tilts Balance Towards Employee Choice.Jackson Lewis LLP - October 09, 2007 In a case of interesting and unexpected alliances, employees, unions, employers, business groups, politicians, and labor lawyers are sorting through the details and implications of the decision by the National Labor Relations Board on the right of employees to challenge employers' voluntary recognition of a union. The somewhat surprising result of the litigation that began in 2003 strikes a compromise that the Labor Board says provides "greater protection for employees' statutory right of free choice" to decide whether and which union will represent them in collective bargaining with their employers. Report Link NLRB Modifies "Recognition Bar" Doctrine to Permit Employees and Rival Unions to File Election Petitions.Littler Mendelson, P.C. - October 09, 2007 Employers faced with a union demand for voluntary recognition, or to enter into a "card-check," "neutrality" or other organizing agreement leading to voluntary recognition, need to be aware of a new decision by the National Labor Relations Board (NLRB or "the Board") affecting the legal and practical implications of these arrangements. Report Link NLRB To Hold Oral Argument in Las Vegas Organizing Case.Ford & Harrison LLP - September 07, 2007 The National Labor Relations Board announced on September 4 that it will hold oral arguments in a long-pending Las Vegas restaurant organizing case that will impact employers far beyond the glitz and glitter of the Las Vegas Strip. At issue are the rights of contractor employees to conduct organizing activities on the property of the employer who is contracting for their services. Report Link Zounds! Tough Talk About Bargaining No Threat To Knights And Squires.Fisher & Phillips, LLP - August 09, 2007 Employers who have been involved in union election campaigns know that it's important to educate employees on all aspects of unionism, in order to counter the union's often pie-in-the-sky promises of more money, better benefits, and a chicken in every pot. Report Link Unions Target Healthcare Industry With New Organizing Tactics.Ogletree Deakins - July 30, 2007 Organized labor has a new target in sight - the healthcare industry - and it has begun using creative ways to make an initial contact and to identify individuals who might be receptive to the union's message. Contacts have focused on social activism, legislative efforts, and improving the quality of patient care, although these issues may not be the union's true organizing objective. Report Link SEIU Establishes New National Healthcare Union.Ogletree Deakins - July 30, 2007 The Service Employees International Union (SEIU) recently announced the creation of a "new national healthcare union" called "SEIU Healthcare." This major initiative could have significant ramifications on union organizing in healthcare. Report Link Unions Expect Help from New Congress (pdf).Ogletree Deakins - January 26, 2007 Sieck guaranteed success in organizing, mandated contracts. Report Link What’s Next on the Congressional Agenda, an Easier Path to Organizing?Ford & Harrison LLP - January 15, 2007 The potential hike in the federal minimum wage rate may not be the most significant legislation considered by the Democrat-controlled Congress this year. While the proposed minimum wage increase (an increase in stages over a two-year period, resulting in a $7.25 per hour minimum wage) will likely impact many employers, especially small businesses, employers should be more concerned about the so-called “Employee Free Choice Act,” which was introduced in 2005. Report Link Discipline of Public Employee at County Hospital for Wearing Pro-Labor Union Button Upheld (pdf).Phelps Dunbar LLP - December 04, 2006 The United States Fifth Circuit Court of Appeals
has jurisdiction to hear cases from the federal district
courts in Louisiana, Mississippi and Texas. Typically, a
three-judge panel will review an appeal. Occasionally,
for important or novel issues, the entire court will review
a lower court decision in what is known as an “en banc”
decision. An en banc ruling came out just this month in
the seminal decision of Communications Workers of America
v. Ector County Hospital District, No. 03-50230 (5th Cir.
10/5/06) (en banc). Report Link Ninth Circuit Forbids California Employers From Using State Funds To Address Union Organizing.Littler Mendelson, P.C. - October 05, 2006 In a divided decision with far-reaching implications, the United States Court of Appeals for the Ninth Circuit, sitting en banc, ruled that the State of California can forbid entities that accept state money from using that money to deter union organizing. Chamber of Commerce v. Lockyer, No. 03-55166 (Sept. 21, 2006). This is the third time since April 2004 that the Ninth Circuit has issued a decision in the case. The previous decisions, however, both held that California's prohibition on using state funds to deter union organizing was preempted by the National Labor Relations Act (NLRA). This latest decision will affect any entity that receives state funds or contracts with the State. In order to minimize the decision's effects, employers may want to set up separate accounting systems for money received from the State and money that comes from other sources. Such a dual system should allow employers to easily show that they have not spent any state funds on union organizing. Report Link CA Court Reverses Prior Ruling, Upholds Law Restricting Employer Communications on Union Organizing.Jackson Lewis LLP - September 26, 2006 Striking a significant blow to non-union employers, on September 21, 2006 the U. S. Court of Appeals for the Ninth Circuit reversed two prior decisions and upheld a California law effectively mandating that employers remain neutral when facing union organizing. Since the statute covers virtually any expense related to union organizing, including payment for legal consultation regarding the rights and restrictions on communications with employees during organizing drives, it is critical that any covered employer wishing to oppose union organizing develop a compliance strategy before union organizing begins. Report Link A New Weapon To Combat Union Corporate Campaigns.Elarbee, Thompson, Sapp & Wilson, LLP. - September 15, 2006 In 2005, a number of the nation’s largest and most powerful unions formed the Change to Win Coalition with the stated intent to devote significant resources toward organizing and rebuilding the union movement. This new focus on organizing, however, does not necessarily include National Labor Relations Board (NLRB) representation elections. Report Link Union barred from photographing workers during organizing campaign (pdf).Ogletree Deakins - September 11, 2006 NLRB finds no legitimate justification for the conduct. Report Link In a Blow to Union Corporate Campaigns, Federal Court Invalidates Maryland Health Care Law.Jackson Lewis LLP - July 24, 2006 New strategies for union organizing have included, among other tactics, the "corporate campaign," an approach that targets an employer's vulnerabilities and exploits them in an orchestrated effort to weaken the employer's resistance. Union pressure sometimes extends to lobbying for employee-friendly legislation, regulatory agency action, and other outside influence over employee relations. Report Link Legal Alert: UAW Transfers Millions from Strike Fund to Use for Organizing Activities.Ford & Harrison LLP - June 16, 2006 In a move that likely reflects the United Auto Worker's (UAW) concerns about its declining membership, delegates at UAW's national convention voted unanimously to amend its constitution to permit it to use part of its over $900 million strike insurance fund for organizing, political action, and other areas. Report Link "Change to Win" Announces Action Plan to Organize Millions of Workers.Littler Mendelson, P.C. - May 23, 2006 At an organizing convention attended by over 2,000 union organizers in Las Vegas, the "Change to Win" labor federation recently announced the launch of a massive organizing campaign targeting major industries in more than 35 cities. The campaign, operating under the slogan "Make Work Pay," aims to form cooperative, cross-union campaign teams made up of organizers from the seven Change to Win member unions, in order to create a unified effort to organize millions of workers in the target cities. Report Link New World Unions May Present New Threats to Unprepared Companies (pdf).Littler Mendelson, P.C. - March 22, 2006 In this Littler attorney authored article, Jim Ferber explains the new and aggressive force of labor unions after the AFL-CIO split, and the new tactics which include top-down corporate campaigns that trigger company investigations and formulate negative PR. Ferber advises companies on how they can proactively counter union threats and avoid vulnerability. Report Link Union Numbers Increase, Elections Decline (pdf).Ogletree Deakins - February 21, 2006 The recent exodus of several large
unions from the AFL-CIO has prompted
many to speculate about the future
of the labor movement. It is certain
that both the AFL-CIO and recently
formed Change to Win Coalition will
revisit organizing strategies and tactics.
What remains uncertain is whether
these strategies will be successful,
and the magnitude of the growth. Report Link Labor's New Organizing Tactic: Demands by "Minority Unions" for "Members Only" Contracts.Littler Mendelson, P.C. - September 26, 2005 Over the past several decades unions have normally demanded to bargain on behalf of employees based on a claim that they represented a majority of the employees. Employers have been increasingly successful over this period in defeating unionization through victories in National Labor Relations Board elections. Partly in reaction to their failure rate, unions have changed their organizational tactics in recent years and are now trying a new tactic – demands for bargaining on behalf of union members, even where the union admittedly does not represent a majority of the employer’s employees. Employers are even being faced with unfair labor practice charges when they refuse to engage in such “minority union” bargaining. Report Link Labor Day Observance Is Marked by Dramatic Changes in Future Direction of Organizing Efforts.Jackson Lewis LLP - August 30, 2005 The recent revolt by several of organized labor's most powerful constituents should not be a reason for employers to breathe more easily -- indeed, just the opposite is true. Report Link AFL-CIO Splinters -- Nonunion Employers Should Be Wary (pdf).Vedder Price - August 29, 2005 In 1938, a labor group that became the Congress of
Industrial Organizations broke away from the American
Federation of Labor in order to engage in large-scale
organizing of the steel, auto and other industries. Labor
leaders like Walter Reuther and John L. Lewis went on
to unionize millions of workers. Report Link Teamsters To Test Organizing Efforts In North Carolina After Split From AFL-CIO (pdf).Ogletree Deakins - August 10, 2005 On the opening day of the AFL-CIO’s national convention in Chicago, leaders of the International
Brotherhood of Teamsters and the Service Employees International Union (SEIU) announced their
decision to withdraw from the federation. Several days later, the United Food and Commercial Workers announced its departure. With the recent departures, the AFL-CIO has reportedly lost 3.6 million members. Report Link SEIU Vows Renewed Emphasis on Targeted Organizing Using Union Local Tactics and Funding.Jackson Lewis LLP - September 10, 2004 At its 2004 convention, the SEIU adopted an ambitious organizing plan for the next four years calling for members in union strongholds to help organize workers in other states. In 2003, the SEIU won 75% of its elections, and victories in the health care industry remain near the top of that list. Report Link Nurturing Your Supervisors.Jackson Lewis LLP - September 23, 2003 Much has been said and written about keeping employees happy as a way for a company to remain union-free, and appropriately so. Report Link Inoculate Your Employees to the Union Virus Early.Jackson Lewis LLP - September 23, 2003 Employers serious about union avoidance might take a tip from public health professionals who know that, to stay healthy, individuals must be inoculated against contagious diseases before being exposed to them. Report Link Employers: Solicit Issues Now, Or Forever Hold Your Peace.Jackson Lewis LLP - September 23, 2003 Successful union organizing and successful union avoidance have a common core: employee relations issues. Report Link Be Alert for Outside the Box Tactics.Jackson Lewis LLP - September 22, 2003 Even the most committed union-free employer will have to agree that the organizing strategies employed by some unions are somewhat ingenious. Report Link A Fox in the Henhouse.Jackson Lewis LLP - September 22, 2003 When an employer agrees to remain neutral while a union attempts to organize its employees, the situation is more akin to a fox in the henhouse than a level playing field.
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