Total Articles: 135
University of Illinois Medical Center Nurses Ratify Contract with Staffing Language and Bonus Program
Nurses at the University of Illinois Medical Center (the “Medical Center”) overwhelmingly voted to ratify a new three-year contract covering more than 1,000 nurses represented by the Illinois Nurses Association (the “Union”). The contract includes enhanced staffing language, a bonus program and wage increases of up to 17.85% over the three-year contract term.
NLRB Proposed Rules Will Make It Easier for Unions to Organize Companies
On November 30, 2011, the National Labor Relations Board (the NLRB or Board) approved a resolution to adopt new rules affecting the processing of petitions for elections to determine whether employees want to become unionized. The Board currently is drafting the actual language of the proposed new rules.
NLRB Employee Rights Notice Posting Deadline Postponed Again
The NLRB has agreed to postpone the effective date of the employee rights notice-posting rule to April 30, 2012, after a federal court in Washington, DC, requested postponement. This action came as a result of two lawsuits filed by the National Association of Manufacturers and the National Federation of Independent Business, which challenge the NLRB‘s authority to require that the notices be posted. The Board determined that postponing the effective date would facilitate the resolution of the legal challenges that have been filed against the rule. The original posting requirement date for the notice was November 14, 2011, but was postponed until January 31, 2012. Now, the NLRB has again postponed the effective date of the posting requirement to April 30, 2012.
Further update on the NLRB's "Employee Rights Notice" - another extension of the posting deadline.
As most employers now are aware, on August 25, 2011, the National Labor Relations Board (NLRB) announced its final rule related to the Notification of Employee Rights under the National Labor Relations Act (NLRA). Under that rule, private-sector employers whose workplaces fall under NLRA jurisdiction will be required to post a notice of employee rights regarding unionization. The final rule requires employers to post and maintain the NLRB notice in conspicuous places, and to take “reasonable steps” to ensure that the notices are not altered, defaced, or covered by any other material, or otherwise rendered unreadable.
NLRB POSTPONES (AGAIN) ITS CONTROVERSIAL NOTICE POSTING DEADLINE
The National Labor Relations Board has postponed to April 30, 2012 the implementation date of its rule requiring most private sector employers to post a notice advising employees of their rights to unionize the workforce.
NLRB Delays Posting Requirement Yet Again
On December 23, the National Labor Relations Board (NLRB) announced that it is postponing until April 30, 2012, a requirement for employers subject to NLRB jurisdiction to post a notice informing employees of their federal labor law rights.
NLRB Adopts Controversial Amendments to Election Case Procedures, Postpones Posting Requirement
After months of deliberation and comment, the National Labor Relations Board (the "NLRB" or the "Board") has adopted a final rule amending its election case procedures. The amendments were drawn from a more comprehensive (and controversial) proposal put forward by the NLRB in June. The new rule will take effect on April 30, 2012.
NLRB Poster Requirement Delayed Until April 30, 2012
As we notified our clients several months ago, the NLRB recently issued a new notice-posting requirement, mandating that employers post an oversized (11" x 17") Notice of Employee Rights. See our August 25 Legal Alert. Because of the pressure of legal actions challenging the new rule, the implementation date was first pushed back from November 9 to January 31, which we noted in an updated Legal Alert on October 6.
NLRB Postpones Notice Posting Effective Date to April 30, 2012 December 27, 2011
On December 23, the National Labor Relations Board announced that it was postponing the effective date of its rule requiring covered employers to post a notice informing employees of their rights under the National Labor Relations Act. You can read the NLRB's press release here. The notice posting requirement was scheduled to take effect on January 31st, but has now been pushed back to April 30, 2012.
Pro-Union Rail and Air Transport Voting Rule Upheld
The National Mediation Board’s new union election rule making it easier for unions in the rail and air transport industries to organize workers does not violate federal labor law, the D.C. Circuit Court of Appeals has held in a 2-1 decision. Air Transport Association of America, Inc. v. National Mediation Board, et al., No. 10-5253 (D.C. Cir. Dec. 16, 2011). The decision overturns 75 years of precedent and is subject to appeal.
NLRB Delays Requirement for Employers to Post Pro-Union Notice
In August, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. In December, the NLRB postponed the effective date until April 30th, 2012.
Judge Needs More Time, NLRB Posting Rule Postponed to April 30, 2012
The National Labor Relations Board has announced it has postponed the effective date of its new rule mandating the workplace posting of an official Notice of Employee Rights under the National Labor Relations Act. The rule had been scheduled to go into effect on January 31st. Now, the rule will be effective on April 30, 2012. (For more information about the new rule, see our article, New Posting Required: Labor Board Rule on Notification of Employee Rights under Labor Act.)
NLRB Delays Implementation Date of Notice Posting Rule until April 30, 2012
Days after a U.S. District Court judge for the D.C. Circuit suggested that the National Labor Relations Board postpone the effective date of its notice posting rule, the agency has agreed to do so. As announced in a press release, the Board:
NLRB Extends Employee Rights Posting Deadline To April 30, 2012
Remember our recent posts about the National Labor Relations Board’s new “employee rights” posting requirement? If you don’t, I will remind you, since it is the day before a long holiday weekend and you all deserve a break! The rule mandated that all employers post an 11-by-7 notice advising employees of their rights under the National Labor Relations Act (“NLRA”.)
DC Judge Recommends Postponement of NLRB Notice Posting Rule
During oral argument in a lawsuit challenging the National Labor Relations Board’s notice posting rule, presiding judge Amy Berman Jackson of the U.S. District Court for the D.C. Circuit suggested that the agency postpone the rule’s January 31, 2012 implementation date. The rule at issue – Notification of Employee Rights under the National Labor Relations Act – mandates that private sector employers subject to the National Labor Relations Act (NLRA) post a notice informing employees of their rights under the NLRA in a "conspicuous place" readily seen by employees and penalizes employers for non-compliance.
IS THERE A UNION IN YOUR COMPANY’S FUTURE?
Big changes are afoot in Washington that could mean your business will be much more susceptible to becoming unionized. Here is what's happening and what it means.
Agencies Issue Final Rule Disallowing Federal Contractor Reimbursement for Persuader Activities
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a final rule implementing Executive Order (EO) 13494, Economy in Government Contracting, which precludes government contractors from being reimbursed for expenses incurred to influence employees regarding their decisions to form unions or engage in collective bargaining. Issued on January 30, 2009, EO 13494 considers as un-reimbursable any activities that are undertaken to persuade employees to exercise or not exercise such rights, such as preparing and distributing materials, hiring or consulting legal counsel or consultants, holding meetings (including paying the salaries of the attendees at meetings held for this purpose) and planning or conducting activities by managers, supervisors or union representatives during working hours. Such expenditures are deemed “unallowable” under any federal government contract by the order. Although federal contractors cannot use federal funds for these purposes, they may use federal dollars to “maintain satisfactory relations” between the contractor and its employees. As stated in the order, such expenditures could include the cost of labor-management committees, employee publications (provided they do not attempt to persuade employees regarding unionization), and other related activities.
NLRB Posting Delayed and Challenged
As we previously reported, the National Labor Relations Board (NLRB or Board) has promulgated a new regulation requiring virtually all private sector employers to post a notice informing their employees of rights under the National Labor Relations Act (NLRA). Initially, the regulation was to become effective on November 14, 2011. However, purportedly for “further education and outreach,” the NLRB has delayed the effective date until January 31, 2012. It is unclear why the Board believes more education and outreach is needed. The regulation was initially proposed in the spring, six months prior to its initial effective date.
House Committee Hearing Focuses on Workforce Democracy and Fairness Act, Recent NLRB Actions
During a hearing conducted by the House Committee on Education and the Workforce, labor experts and lawmakers debated the merits of the recently-introduced Workforce Democracy and Fairness Act (H.R. 3094), legislation that would restore the criteria used to determine an appropriate bargaining unit and prevent the National Labor Relations Board from pursuing its proposed changes to the representation election process.
NLRB Delays Posting Deadline Requirement
The National Labor Relations Board (NLRB) has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.
Bill Targets NLRB Decision in Specialty Healthcare, Proposed Rule Changing Representation Election Procedures
Legislation introduced by House Committee on Education and the Workforce Chairman John Kline (R-MN) would effectively undue the criteria used to determine an appropriate bargaining unit established by the National Labor Relations Board’s recent Specialty Healthcare decision, and prevent the Board from pursuing its proposed changes to representation election procedures. Specifically, the Workforce Democracy and Fairness Act (H.R. 3094) seeks to return to the long-standing approach in assessing which employees belong in a proposed bargaining unit, and would establish a timeline and process for holding a hearing regarding any pre-election disputes and deciding the appropriate bargaining unit.
Board Postpones Implementation Date of New Posting Requirement
Executive Summary: The National Labor Relations Board (NLRB) has postponed the implementation date of its new posting requirement to January 31, 2012.
Breaking News: NLRB Posting Rule Postponed
The National Labor Relations Board has just announced it has postponed the effective date of its new rule mandating the workplace posting of an official Notice of Employee Rights under the National Labor Relations Act. The rule had been scheduled to go into effect on November 14th. Now, the rule will be effective on January 31, 2012. (For more information about the new rule, see our article, New Posting Required: Labor Board Rule on Notification of Employee Rights under Labor Act.)
NLRB Extends Employee Rights Notice Posting Rule Implementation Date
Employers will now have until January 31, 2012 to comply with the National Labor Relations Board’s notice posting rule: Notification of Employee Rights under the National Labor Relations Act. This rule, which was slated to take effect as of November 14, 2011, mandates that all private sector employers subject to the NLRA post a notice informing employees of their rights under the NLRA in a “conspicuous place” readily seen by employees and penalizes employers for non-compliance. Last month, the NLRB made available a copy of the required poster as well as a list of frequently asked questions about the rule.
NLRB Delays Effective Date of Employee Rights Notice
On October 5, 2011, the National Labor Relations Board (NLRB) issued a press release announcing its decision to postpone the implementation date for the new NLRA employee rights notice. According to the NLRB, the initial effective date of November 14, 2011 has now been pushed back to January 31, 2012 to allow for enhanced education and outreach to employers.
Amidst Controversy NLRB Postpones Effective Date of Employee Rights Posting Requirement.
The fight over the controversial “Employee Rights” posting requirement has begun in earnest. The National Labor Relations Board announced yesterday that the effective date for the “Employee Rights” posting requirement has been delayed until January 31, 2012. The NLRB cited the need for “enhanced” education and outreach as the reason for the delayed implementation. I found interesting that the press release also mentions that NLRB member Brian Hayes dissented to the promulgation of the rule and agreed with the delay of the effective date, so I checked out his dissenting opinion. It is worth a read.
The Love-Hate Relationship of Labor Unions and Social Media
Have labor unions outlived their usefulness? Yes, said nearly half of the Americans polled, according to a recent Rasmussen survey. With only 48% of U.S. workers believing that unions still serve a worthwhile purpose, there is plenty of reasons for the labor movement to market their message. And social media has been a useful tool for doing so. For example, see this post about the 14 Ways Unions Are Using Twitter and this AFL-CIO post from 2009 for examples of Social Media Use by Unions for some insight about labor’s efforts in the online space.
NLRB Makes New Poster Available Amid Legal and Legislative Challenges to Rule Requiring Its Posting
As we reported in late August, the NLRB announced a final rule requiring private sector employers to post a notice of employee rights under the NLRA. This past week, the NLRB published copies of its new poster. A copy is available from the NLRB website. Employers have the option of downloading a single 11” x 17” poster, or two 8.5” x 11” posters. Copies are also available at the Board’s regional offices. The final rule requires employers to begin displaying these posters by November 14, 2011.
NLRB Requires Employers To Post Unionization Rights Notices - FAQs
As a follow up to our previous eLABORate, below you will find frequently asked questions related to the final rule published by the National Labor Relations Board on August 30, 2011, that will require most private-sector employers in the country to notify employees of their rights under the National Labor Relations Act. The 11-by-17 inch notice will need to be posted in a conspicuous place no later than November 14, 2011.
NLRB Makes New Poster Available Amid Legal and Legislative Challenges to Rule Requiring Its Posting
As we reported in late August, the NLRB announced a final rule requiring private sector employers to post a notice of employee rights under the NLRA. This past week, the NLRB published copies of its new poster. A copy is available from the NLRB website. Employers have the option of downloading a single 11” x 17” poster, or two 8.5” x 11” posters. Copies are also available at the Board’s regional offices. The final rule requires employers to begin displaying these posters by November 14, 2011.
TRADE GROUP FILES SUIT TO ENJOIN NLRB POSTING REGULATION
We recently reported that the National Labor Relations Board published a Final Rule requiring private-sector employers subject to the National Labor Relations Act to post a notice to employees informing them of their organizing rights. The Rule was to become effective November 14, 2011.
New Notification of Employee Rights Posting Requirement Effective November 14
The National Labor Relations Board (NLRB) requires employers post a notice informing employees of their rights under the National Labor Relations Act (NLRA), including the right to organize and form a union, beginning November 14, 2011. The notice also provides contact information for the NLRB.
NLRB Releases Employee Rights Poster Under New Rule
The National Labor Relations Board has made available for download a copy of the Employee Rights poster required under the Board’s new rule: Notification of Employee Rights under the National Labor Relations Act.
Download Your NLRB Poster on Employee Rights Today!
As recently reported by our colleague, Karen Schanfield, in her article, Federal Agencies Focus on Non-Union Employers, most private sector employers are subject to the new National Labor Relations Act posting requirement. This is effective November 14, 2011!
NLRB Requires Employers to Post New Employee Rights Notice
On August 30, 2011, the National Labor Relations Board ("NLRB") published a final rule that will require all employers subject to the National Labor Relations Act ("Act") - regardless of whether the employer has unionized employees - to post a new employee rights poster in the workplace effective November 14, 2011. Failure of a covered employer to comply with the new rule carries potentially significant consequences.
New Federal Labor Poster Mandated by NLRB; Business Group Sues To Stop It
The National Labor Relations Board has issued a new rule requiring employers to post a notice informing employees of their rights under the National Labor Relations Act. Employers must comply with this new mandate by November 14, 2011.
Federal Agencies Focus on Non-Union Employers
Many non-union employers wrongly believe that the National Labor Relations Act (NLRA) does not apply to their workplaces. However, recent activity by the National Labor Relations Board (NLRB) underscores its interest in non-union workplaces. Together with the Department of Labor, the NLRB continues to seek ways to protect employees’ rights and lower barriers to union organizing.
NLRB Opens Door for Multiple Unions at one Employer
In what seemed to be a blatant attempt to make it easier for unions to organize in the long-term health care and other industries, the National Labor Relations Board (NLRB) decided in an August 26, 2011 case named Specialty Healthcare and Rehabilitation Center of Mobile, that a bargaining unit consisting of only Certified Nursing Assistants (CNAs) in a non-acute health care facility was an appropriate unit for bargaining.
Labor Day, A Day After - Should We Put This To A Vote?
Any thoughts on how the following legislative finding might fare in today's Congress?
New NLRB Rule Requires Almost Every Employer To Post A Notice Advising Employees How To Form A Labor Union and File Charges Against The Company
Union membership nationally is at an all-time low of just 6.9% of private sector employees. With big labor one of President Obama's largest supporters, it's no surprise that Mr. Obama's appointees to the National Labor Relations Board (NLRB) have begun significantly altering the law to make it easier for unions to organize.
Helping Unions Organize, NLRB Reinstates Two Pro-Union Decertification Rules
Reversing decisions it issued in 2002 and 2007, the National Labor Relations Board has decided in separate cases that the union-employer relationship must be protected from decertification after a change of ownership at a unionized company and after an employer has voluntarily granted recognition to a union. These decisions were issued on the eve of former Chairman Wilma Liebman's departure from the Board.
NLRB Hands Down Union-Friendly Decisions
As expected, the end of Chairman Wilma Liebman's term at the National Labor Relations Board (NLRB) did not end without an onslaught of radical, precedent-reversing decisions. On August 30, the Board published three very significant 3-1 decisions signed by Liebman in the closing hours of her term.
NLRB Overturns Key Bush-Era Decisions, Boosts Union Card Check Campaigns
As we predicted in September 2010, with the Employee Free Choice Act stalled in Congress, a majority of the National Labor Relations Board (the “Board”) has taken the opportunity to overturn two key employer-friendly decisions from the Bush-era Board, boosting the prospects for union card check campaigns.
Board Gives Special Treatment To Union Organizing: Unions may organize employers piecemeal by proliferating small units
In another thinly-veiled effort to open the floodgates to union victories in representation elections, the National Labor Relations Board's three-member Democrat majority has overruled a long-standing standard for determining bargaining unit appropriateness in the non-acute health care industry. In Specialty Healthcare and Rehabilitation of Mobile, the majority of the Board ruled that a petitioned-for unit comprised solely of Certified Nursing Assistants was appropriate where the employees shared a "community of interest." Although the Board has never previously approved a CNA-only unit, it has now found the job-based unit classification to be presumptively appropriate. It also held that, in order to overcome the presumption, a challenging party would bear the burden of proving that excluded employees shared an "overwhelming community of interest" with the employees in the petitioned-for unit. This constitutes a significant – and far-reaching – departure from the established law.
11 Employer FAQs (No. 6): We don't have a union. Do I still have to display that new NLRB poster?
Maybe. If you are covered under the National Labor Relations Act, then you have to display the new poster, which explains employees' right to join a union and engage in other activity protected by the NLRA. Unless you are a federal contractor, in which case, you don't.
A Parting Gift From the Liebman Board: Employers Must Post Notice of Organizing Rights Starting November 14
As a parting "gift" for employers during Wilma Liebman's last days as Chair, the National Labor Relations Board announced its final rule on Notification of Employee Rights under the National Labor Relations Act. The rule passed the Board by a 3-1 vote, with Member Brian Hayes dissenting. The rule will take effect on November 14, 2011, 75 days from the date of its publication in the Federal Register.
NLRB to Require Posting of Notice of Employee Rights
Executive Summary: The National Labor Relations Board (NLRB) has issued a final rule that will require employers covered by the National Labor Relations Act (NLRA) to post a notice in the workplace explaining employees' rights under the NLRA. The posting requirement applies to employers covered by the Act, regardless of whether the workplace is unionized or union-free. The rule was published in the Federal Register on August 30, 2011, and will take effect November 14, 2011. The notice requirement does not apply to employers who are not covered by the NLRA, including, among others, any person subject to the Railway Labor Act, as well as entities over whom the Board has been found not to have jurisdiction or over which the Board has chosen not to assert jurisdiction.
NLRB Requires Employers to Post Pro-Union Notice: Employment Law Update
On August 25, 2011, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. Employers must post the notice beginning November 14, 2011.
NLRB's Rescue Plan for Unions - Part One
Under a new rule published by the National Labor Relations Board (NLRB or Board), most private sector employers will
be required to post a workplace notice of employee rights under the National Labor Relations Act (NLRA) starting
November 14, 2011. In essence, the notice informs employees that they have the right to form and join unions, bargain
collectively with their employers, and to engage in other protected concerted activities, or to refrain from engaging in any
of those activities. Specific rights are outlined, as well as prohibited conduct by employers and unions.
New Posting Required: Labor Board Rule on Notification of Employee Rights under Labor Act
The National Labor Relations Board has issued its final rule on “Notification of Employee Rights under the National Labor Relations Act.” The August 25, 2011, regulation, passed by a 3-1 vote of the Board, will have a significant impact on union-free and partially unionized employers.
NLRB rule requires employers to post notice regarding employee rights to unionize.
On August 25, 2011, the National Labor Relations Board (NLRB) issued a press release in which it announced its final rule related to the Notification of Employee Rights under the National Labor Relations Act (NLRA). Private-sector employers (including labor organizations) whose workplaces fall under the jurisdiction of the NLRA will be required to post a notice of employee rights under that Act. In addition, employers who customarily post notices to employees regarding personnel rules or policies on an internet or intranet site will be required to post the Board’s notice at those sites. The proposed rule has been pending since December of last year, and will take effect on November 14, 2011, at which time the required notices must be posted.
New Rule Means New Posting for Nearly All Employers
Workplace bulletin boards will be a bit more crowded this Fall, thanks to a new rule issued by the National Labor Relations Board (NLRB). The new rule, which becomes effective on November 14, 2011, will require most employers to post a notice detailing employee rights under the National Labor Relations Act.
National Labor Relations Board Now Requires Posting Of Employee Rights
n August 25, 2011, over the dissent of Member Brian Hayes, the National Labor Relations Board issued a final rule addressing "Notification of Employee Rights under the National Labor Relations Act." Effective 75 days following the August 26, 2011 scheduled publication in the Federal Register, which would be November 9, or November 14 (per the NLRB's inconsistent press release), every employer covered by the National Labor Relations Act will be required to post the prescribed 11x17 inch notice.
NLRB Issues Final Rule Requiring Employers to Notify Employees of Their Rights Under the NLRA
In December 2010, Franczek Radelet notified employers that the National Labor Relations Board (NLRB) had announced a proposed rule which would require employers to post a notice of employee rights under the NLRA. On August 25, 2011, the Board announced that a final rule regarding this posting requirement will go into effect for all employers subject to the Board’s jurisdiction on November 14, 2011.
Final Rule, Finally Issued, on Employee Rights Notice Posting
On August 25, the National Labor Relations Board (NLRB) issued a press release announcing its final rule on Notification of Employee Rights under the National Labor Relations Act (NLRA). The proposed rule had been pending since December of last year.
Groups Call Labor Board’s Proposal to Rush Union Elections “Unnecessary”
The National Labor Relations Board has issued a Notice of Proposed Rulemaking (NPRM) that would drastically expedite the union election process, shrink employers’ opportunities to affect the composition of the voting employee-unit, and reduce an employer’s ability to communicate lawfully with prospective voters so that employees can make a fully informed choice in any election.
Protecting Jobs From Government Interference Act (HR 2587)
Introduced on July 19, 2011, the Protecting Jobs From Government Interference Act is moving uncharacteristically swiftly through the legislative process. Representative Tim Scott of South Carolina introduced the bill in response to the National Labor Relations Board's (NLRB) complaint against the Boeing Co. for its decision to place an assembly line at a non-union plant in South Carolina. The NLRB claims that Boeing's decision was illegal retaliation for prior strikes by unionized worker's at the Company's operations in Washington state.
The bill would amend the National Labor Relations Act to deny the NLRB any power to:
order an employer (or seek an order against an employer) to restore or reinstate any work, product, production line, or equipment;
rescind any relocation, transfer, subcontracting, outsourcing, or other change regarding the location, entity, or employer who shall be engaged in production or other business operations;
or require any employer to make an initial or additional investment at a particular plant, facility, or location.
Supporters of the bill claim it would remove an impediment to job creation while opponents argue that it would hamper the NLRB's ability to protect workers from unfair labor practices and would eliminate the Board's authority to restore jobs when companies eliminate work to get rid of pro-union employees.
Within just six days of its introduction, the bill was referred to the House Committee on Education and the Workforce where it was recommended, without a hearing and by a vote of 23-16, to be considered by the House as a whole.
For guidance on these and other employment or labor law issues, contact Krukowski & Costello, S.C.'s educational services department at (414) 988-8400.
Unions Continue Success In Organizing Healthcare Employees
In recent years, unions have continued to realize greater success in organizing healthcare employees than employees in other industries. Union win rates in the healthcare sector have been at or above 70%, generally about 10% above their win rates in other sectors. Additionally, more elections are taking place in the healthcare industry. The total jumped from 220 elections in 2009 to 305 elections in 2010.
Piling On! DOL Proposes Rule Changes That Will Impact Employers
By now you're aware of the NLRB's proposed rule changes aimed at speeding up elections to make it easier for unions to organize. (See our Legal Alert "Unions In Decline? Labor Board To The Rescue!" June 30, 2011).
NLRB Issues Key New York New York Decision
Finally, after over a decade of litigation, the National Labor Relations Board (NLRB) issued its decision in New York New York LLC, 356 NLRB No. 119 (March 25, 2011) on remand from the District of Columbia Circuit Court of Appeals. Based on the Board’s precedent-setting ruling, we could have waited a little longer.
Congressional Hearing on NLRB’s Proposal to Rush Union Elections
The United States House of Representatives Education and The Workforce Committee held a hearing on July 7 on the topic of “Rushing Union Elections: Protecting the Interests of Big Labor at the Expense of Workers’ Free Choice.” Michael Lotito, a partner in the San Francisco office of Jackson Lewis LLP, was one of five witnesses to testify before the Committee. Mr. Lotito’s written testimony is available here.
Make Your Voice Heard on NLRB's Proposed New Rules to Aid Union Organizing
In 2008 and 2009, employers played a critical role in defeating the Employee Free Choice Act. Now, employers need to quickly step up again and voice their opposition to the National Labor Relations Board's recently proposed changes to the rules regarding the Board's election process. Comments from employers and other interested parties in response to the proposed rule changes must be submitted no later than August 22.
NLRB Publishes Notice of Proposed Rulemaking
On June 22, 2011, the NLRB published a Notice of Proposed Rulemaking in the Federal Register proposing amendments to the NLRB regulations and recommending substantial reform to the rules and procedures that govern the filing and processing of representation cases and elections.
Unions In Decline? Labor Board To The Rescue!
The failure of the Employee Free Choice Act to become law does not mean that unions are giving up, or that their elected and appointed officials are throwing in the towel on their efforts to increase unions' ever-shrinking share of the American work force. Last week the National Labor Relations Board (NLRB) took a giant step in that direction.
NLRB Rules Union "Rat Displays" and "Bannering" at Secondary Employer Lawful
The National Labor Relations Board has held that a union’s display of a 16-foot tall, inflatable balloon rat and handing out flyers at a secondary employer’s worksite did not violate the National Labor Relations Act. Sheet Metal Workers Int’l Ass’n, Local 15, 356 NLRB No. 162 (5/26/11). This further expands the rights of employees and unions in conducting expressive activity that may be detrimental to employers. (See our article on the Board’s early decisions on this topic, A Sign of Changes to Come: NLRB's New Majority Rules Union "Bannering" Lawful.)
Micro unions could create big problems
Recent pro-union actions by the National Labor Relations Board (NLRB) are making it easier to unionize employees. One of the latest potential changes involves micro-unions, a possible outcome of Specialty Healthcare and Rehabilitation Center of Mobile and United Steelworkers, District 9, a case pending before the NLRB.
NLRB Proposes Rule that Would Require Posting of Notice Regarding Right to Organize
On December 22, 2010, the National Labor Relations Board ("NLRB"), an independent federal agency vested with the power to safeguard employees' rights to organize and to prevent and remedy unfair labor practices, published a proposed rule which, if enacted, would require every employer subject to the National Labor Relations Act ("NLRA") to post a notice informing employees of their rights under this federal labor law. The NLRA applies to most private-sector workplaces, whether or not employees are represented by a labor organization.
You've Got Rights: NLRB's Proposed Notice to Employees
Employers should be aware that the National Labor Relations Board (NLRB) has proposed a new regulation that would require employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). The NLRB has provided a fact sheet that answers some basic questions about the proposed regulation. Under the Notice of Proposed Rulemaking, which was issued on December 22, 2010, employers would be required to post a notice that included information on employees’ rights under the NLRA, and conduct by employers and unions that is illegal under the NLRA.
Constitutional Showdown Threatened Over South Carolina's Secret Ballot Protection Amendment
In a January 13, 2011, letter to newly-elected Attorney General Alan Wilson, the National Labor Relations Board (NLRB) threatened to file suit against South Carolina if the General Assembly ratifies the recently passed constitutional amendment guaranteeing individuals the right to a secret ballot vote on the issue of union representation. The letter, written by Acting NLRB General Counsel Lafe Solomon, asserts that federal labor law preempts state law � including state constitutional provisions � and gives him the right to file suit in federal court to hold the conflicting state provision unconstitutional.
Changing the Rules of the Game: The NLRB Is Making Union Organizing Easier.
Changing the Rules of the Game: The NLRB Is Making Union Organizing Easier
NLRB Proposed Workplace Notice Likely to Spark Uptick in Union Activity
Not satisfied, it seems, merely with issuing individual case decisions that favor organized labor, the National Labor Relations Board has proposed a rule that would require employers to notify employees of their rights under the National Labor Relations Act through a uniform workplace posting. The posting would be required for both unionized and non-unionized employers and would have to be posted physically and electronically, at least when electronic posting is a customary means of communicating with employees.
Jackson Lewis Submits Brief Urging NLRB to Limit Union Access to Employer Property.
Jackson Lewis LLP, on behalf of the Retail Litigation Center, Inc., has filed with the National Labor Relations Board a friend-of-the-court brief urging the Board to limit non-employee union agents right to access store property to communicate to shoppers the unions disagreement with the way the retailer is operating. The brief asks the NLRB to limit such access only to cases where the employer has allowed like conduct by other individuals and groups, so that the union has been singled out for adverse treatment.
Under proposed NLRB rule, all employers must post a notice of employees' right to unionize and to strike.
The National Labor Relations Act (NLRA) is one of the few federal employment/labor laws which does not include a specific provision requiring employers to post a notice related to employee rights under that law.
NLRB Seeking Expanded Remedies And Employee Notices.
On December 20, 2010, the General Counsel of the National Labor Relations Board (NLRB) issued a memorandum that attempts to dramatically expand the scope of the NLRB's remedial power in certain unfair labor practice cases. In September 2010, the General Counsel announced an initiative to seek immediate injunctive relief in federal court to require reinstatement of employees who are terminated during a union organizing campaign. The General Counsel has now gone a step further and indicated that the NLRB will seek enhanced remedies for relatively minor unfair labor practices that occur during a union organizing campaign. It will seek these enhanced remedies through federal court injunctions as well as administrative proceedings before the NLRB.
NLRB Going Wild.
The National Labor Relations Board is proposing a regulation that requires all employers under the NLRB's jurisdiction - both union and non-union- to post a notice explaining to employees their rights under the National Labor Relations Act. That notice will include helpful information like how to file an unfair labor practice complaint, the right to collectively bargain and elect a union, etc. The entire contents of the notice is posted below. The proposed regulations currently require qualifying employers to post the notice on paper with the other millions of government posters, and also send the notice out by email or put it on a company intranet. Multiple languages, etc. too.
NLRB Activism Update: Acting GC Directs Remedies Initiative, NLRB Proposes Rights Notice
The National Labor Relations Board continues its push to change the national labor policy administratively with two moves one by the agencys Acting General Counsel and the other by the Board members themselves. NLRB Acting General Counsel Lafe Solomon, the Boards chief prosecutor, has urged regional officials to seek special remedies in unfair labor practices (ULPs) complaints for alleged violations committed by employers during union organizing drives. Meanwhile, the NLRB is proposing a rule requiring employers in a mandatory posting to notify employees of their rights under the National Labor Relations Act (and how employers can violate them).
NLRB Examines The Electronic Workplace.
The National Labor Relations Board (NLRB) recently issued a decision finding that an employer must distribute remedial notices electronically when that is a customary means of communication with its employees. As a result, the NLRB modified its standard notice posting provision - which requires posting of remedial notices in all places where notices to employees are customarily posted - to expressly include electronic communications.
Labor Law Update for Employers Who Are Not Unionized: Stay Tuned NLRB Scrutinizes Facebook Policies.
On November 2, 2010, the Hartford Regional Office of the National Labor Relations Board (NLRB) issued a Complaint against American Medical Response of Connecticut (AMR), an ambulance service, for discharging Dawnmarie Souza for posting comments on her Facebook page that were negative and critical of her supervisor. Because of the potential implications of this case, we assume that the NLRBs General Counsel must have approved the issuance of the Complaint.
NLRB Holds Employers and Unions May Enter into Lawful Pre-Recognition Agreements
In a 2-1 decision, the National Labor Relations Board has held that Dana Corp. and the United Auto Workers lawfully entered into an agreement governing a framework for collective bargaining and providing that the employer would recognize the UAW as its employees bargaining representative at a previously unrepresented facility if the UAW established majority support through a card check. Dana Corp., 356 NLRB No. 49. The Board in its December 6, 2010, decision also ruled, however, that it would leave for another day the adoption of a general standard for regulating pre-recognition negotiations between unions and employer[s].
Going Over The Top At Disneyland: Sleazy Union Tactics In "The Happiest Place On Earth"
Disneyland is known as "The Happiest Place On Earth." But UNITE HERE Local 11, the Union that represents the park's 2,100 hotel employees, is not in a happy place. For close to three years now, it has been bargaining over a new labor contract. During that time, the union has staged protests and walk-outs, had its members engage in a week-long hunger strike and gone on a one-day quickie strike. But no matter what the union has done to force the issue, no new labor agreement has been reached.
SEIU Paints A Bull's Eye On Fast Food Industry.
It's common for fast food workers in Canada, Germany, France and Australia to be represented by a union. But in America less than 2% of fast food workers are unionized and most of them work in stores located on college campuses, in hospitals or in government buildings where labor unions are commonplace. Indeed, until very recently, the conventional wisdom among union leadership was that employees working in freestanding fast food restaurants were simply too short-sighted, too transient, or too timid, to be viable targets for union organizing. Accordingly, even though it promises the possibility of hundreds of thousands of new union members, the fast food industry has gone largely ignored by unions. All of that may soon change.
UNITE-HERE Ups The Ante Against Hotels.
Hotels and other entities should expect unions to routinely use OSHA citations as an organizing tool and a way to harass hospitality employers. In a recent Hospitality Update, we described a May 12 Houston Chronicle article complaining about the allegedly high rate of ergonomic injuries suffered by hotel employees. [See "Multiple Embarrassing OSHA Citations: The Next Union Organizing Tactic?" by Howard Mavity. Hospitality Update, June, 2010.]
NLRB to Decide On Union Access to Employer Property
Signaling it may be ready to establish a broad right of union access to employer property for handbilling directed against retail employers and their contractors, the National Labor Relations Board has invited all interested parties to submit briefs addressing when an employer may lawfully deny access to a union that does not represent the retailers employees. This action came in a decision in which the Board reserved judgment on whether an employer violated the National Labor Relations Act by removing non-employee union handbillers from its private property, although it had permitted other groups and elected officials to solicit frequently inside and outside its retail premises over several years. Roundys Inc. and Milwaukee Bldg. & Constr. Trades Council, AFL-CIO, 356 NLRB No. 27 (Nov. 12, 2010). A formal notice and invitation for briefing followed. The decision on this question will likely have wide-ranging implications for both union and non-unionized employers.
The New Union Front.
Unions are engaged in their own version of
globalization through global union federations.
These are umbrella organizations that coordinate
the efforts of national member union affi liates, often
a hundred or more. Those efforts focus on nonunion
workforces in major countries through classic topdown
organizing strategies.
NLRB to Weigh Injunctions Routinely for Unlawful Discharges in Organizing Campaigns, Plans Acting GC
The Acting General Counsel for the National Labor Relations Board has issued guidelines to the agencys regional officials, recommending that they prepare to seek promptly federal court injunctions where the evidence obtained during an expedited Board investigation appears to support a discriminatory termination charge. According to Acting General Counsel Lafe Solomon, this would compel employers charged with discriminatory termination of union advocates and supporters during union organizing to offer the fired employees reinstatement pending litigation of the underlining unfair labor practice charge in Board administrative hearings.
Hospitality Industry: "Hello. I'm From The Union And I'm Here To Help You."
This is a message to our clients who have union-free operations. We assume that you operate non-union for a reason, and that you work hard to ensure that you preserve and maintain your non-union status. In case you needed one, here is just one more reason that remaining non-union gives you an edge in managing your operation.
Unionization of Private Colleges And Universities Graduate Students (pdf).
Unionization of Private Colleges And Universities Graduate Students.
New Mandatory Posting for Government Contractors (pdf).
President Obama continues his support of
big labor with a first of its kind mandatory
employer posting requirement designed to
advise employees how to form or affiliate
with a labor union. If you are a federal contractor
or subcontractor - or are thinking about
becoming one you will want to read about
this important development.
THEYRE BAAAACK: PLAs Return to Haunt Non-Union Contractors.
On April 13, 2010, the Federal Acquisition Regulation (FAR) Council released a final rule implementing President Obamas Executive Order 13502, which encourages federal agencies to use Project Labor Agreements (PLAs) on federal construction projects valued at $25 million or more. EO 13502, which was actually issued on February 6, 2009, repealed President Bushs Executive Orders 13202 and 13208, which in turn declared that neither the federal government, nor any agency acting with federal assistance, shall require or prohibit construction contractors to sign union agreements as a condition of performing work on government construction projects. It is estimated that, in the eight years it was in existence, President Bushs EO 13202 caused at least $147.1 billion worth of federal construction projects to be competitively bid without discrimination against non-union contractors.
Executive Order 13496 (Employee Posting Rule) Update.
New requirements under Executive Order 13496 could appear in federal contracts and subcontracts as early as this week. The final rule, published on May 21, becomes effective June 21, 2010. Fortunately or unfortunately, the Federal Acquisition Regulation Council (FAR Council) has not yet issued an implementing FAR that will require the employee notice to be posted.
DOL Requires Federal Contractors and Subcontractors to Post Notice Informing Employees of Their Rights to Join a Union and Engage in Concerted Activity.
Effective June 21, 2010, employers who conduct business with the federal government or who perform work essential to a federal contract now must post a notice informing their employees of their right to join a union and engage in concerted activity.
OFCCP Issues Verification Procedures under Executive Order 13496.
On June 15, 2010, OFCCP Director Patricia A. Shiu issued an enforcement directive pertaining to Executive Order 13496. The Executive Order becomes effective on June 21, 2010.
FEDERAL CONTRACTORS MUST POST NEW FEDERAL NOTICE OF UNIONIZATION RIGHTS.
President Obama continues his support of big labor with a first of its kind mandatory employer posting requirement designed to advise employees how to form or affiliate with a labor union. If you are a federal contractor or sub-contractor - or are thinking about becoming one - we urge you to read about this important development.
DOL Issues Final Rule on Notification by Federal Contractors of Employee Labor Law Rights.
The Department of Labor's Office of Labor Management Standards (OLMS) published a final rule on May 20, 2010, implementing Executive Order (EO) 13496: Notification of Employee Rights Under Federal Labor Laws. This EO mandates that all government contracting departments and agencies include a provision in most government contracts stipulating that the contractor post a notice "in all places where notices to employees are customarily posted both physically and electronically," informing them of their rights under the National Labor Relations Act (NLRA). In turn, covered contractors are required to include a similar provision in subcontracts that are necessary to the performance of the government contract and in an amount in excess of $10,000.
DOL Regulation Requires Federal Contractors to Post Notice of Unionization Rights.
Federal contractors and subcontractors are now required to inform employees of their rights under the National Labor Relations Act (NLRA), the primary law governing relations between unions and employers in the private sector.
The President signed an executive order in January 2009, which has now become a Department of Labor regulation effective May 20, 2010.
Multiple Embarrassing OSHA Citations: The Next Union Organizing Tactic?
While many union organizers seem to have moved to D.C. to become lobbyists, UNITE/HERE, the SEIU, and other unions continue to aggressively campaign against hospitality employers. Campaigns are becoming even more nasty than in the past. Unions consciously harm the property's reputation and inflict costly wage-hour, discrimination, and OSHA costs that may weaken the employer's resolve.
Federal Contractors and Subcontractors: Hang 'Em High!
Federal contractors and subcontractors are now required to post information in the workplace regarding workers' rights under the National Labor Relations Act (NLRA), according to Executive Order (EO) 13496 issued by President Obama in January 2009, and implemented into a Final Rule by the Office of Labor-Management Standards (OLMS) on May 20, 2010. The EO demands all federal contractors and subcontractors meet two requirements
DOL Issues Final Regulations Requiring Federal Contractors To Post "Labor Friendly" Notice.
The Department of Labor has issued Final Regulations implementing President Obamas Executive Order 13496. The regulations impose two requirements on government contractors and subcontractors: (1) to post a specified notice of employees rights to join a union and engage in organizing activity; and (2) to include certain language in covered contracts and subcontracts. While the government calls the long-awaited Final Regulations very, very balanced, the required Employee Rights Notice is unquestionably labor-friendly. The new requirements go into effect on June 21, 2010.
New Information-Posting Requirement For Federal Contractors and Subcontractors.
Federal contractors and subcontractors are subject to a new posting requirement. Federal contractors and subcontractors (except for acquisition contracts worth less than $100,000 and subcontracts worth less than $10,000) have until June 21, 2010, to post a new notice telling their employees about their rights under the National Labor Relations Act (NLRA), the federal law that governs the relationships between private sector employers and unions. The posting describes the rights of employees to organize into unions and collectively bargain for a contract with their employer. It also describes union and employer conduct that is deemed to be unfair interference with employee rights, and tells employees to contact the National Labor Relations Board if they believe their rights have been violated.
Federal Contractors Must Post Employee Rights Poster and Include Contract Notice.
A final rule issued May 20, 2010, provides the poster federal contractors and sub-contractors are required to post to provide employees notice of their rights under the National Labor Relations Act. This rule implements President Obama's Executive Order 13496, signed January 30, 2009. The Order has two requirements for covered federal contractors and sub-contractors; (1) post with other employee notices, including electronically, the "Employee Rights under the National Labor Relations Act" poster and (2) include the language of the employee notice requirement.
Federal Contractors to Post New Union Notice June 21, 2010.
On May 20, 2010 the Department of Labor (DOL) issued a final regulation implementing Executive Order 13496, signed by President Obama on January 30, 2009. EO 13496 requires non-exempt federal contractors and subcontractors to post a notice informing their employees of their rights under the National Labor Relations Act (NLRA). The final regulation does not apply to public sector employers and employers covered by the Railway Labor Act. The final regulation can be accessed at: http://www.dol.gov/olms/regs/compliance/EO13496.htm (go to More Information, then click on the link
Department of Labor Publishes Poster to be Used by Federal Government Contractors to Notify Employees of Their Rights Under the National Labor Relations Act and Issues Final Rule.
Federal Government Contractors are required to post a new poster notifying employees that the National Labor Relations Act ("NLRA"):
New Employee Notification Requirements for Federal Contractors and Subcontractors Issued Today.
Pursuant to a Department of Labor (DOL) Final Rule published on May 20 and going into effect on June 21, 2010, federal contractors and subcontractors subject to the National Labor Relations Act (NLRA) will be required to include certain language in their contracts and to conspicuously post notices of employee rights under federal labor laws. The Final Rule describes the content of the notice required to be posted by contractors and most subcontractors, and outlines the penalties that can be imposed for noncompliance. This Final Rule, published in todays Federal Register, implements Executive Order 13496, signed by President Barack Obama in January of last year.
THEY'RE BAAAACK: PLAs Return to Haunt Non-Union Contractors.
On April 13, 2010, the Federal Acquisition Regulation (FAR) Council released a final rule implementing President Obamas Executive Order 13502, which encourages federal agencies to use Project Labor Agreements (PLA) on federal construction projects valued at $25 million or more. EO 13502, which was actually issued on February 6, 2009, repealed President Bush's Executive Orders 13202 and 13208, which in turn declared that neither the federal government, nor any agency acting with federal assistance, shall require or prohibit construction contractors to sign union agreements as a condition of performing work on government construction projects. It is estimated that President Bush's EO 13202, in the eight years it was in existence, caused at least $147.1 billion worth of federal construction projects to be competitively bid without discrimination against non-union contractors.
The Future of Unions: A Key Question.
BNA's Daily Labor Report ($) has an article based on its in depth interview with the soon to be former head of the SEIU, Andy Stern, that is well worth the read.
Government Issues Proposed Rule Implementing EO 13494 "Economy in Government Contracting".
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have issued a proposed rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 13494, "Economy in Government Contracting." EO 13494 denies reimbursement to federal contractors for expenses used to influence workers' decisions regarding whether to form unions or engage in collective bargaining.
Union Membership Declines In 2009.
The union membership statistics for 2009 suggest that organized labor has lost ground over the past year. According to the Bureau of Labor Statistics' report on annual union membership, private sector unions lost 834,000 members in 2009, bringing membership down to 7.2 percent of the private sector workforce (compared to 7.6 percent in 2008). Overall union membership, however, held steady at 12.3 percent in 2009. This was largely due to public sector union membership, which rose slightly from 36.8 percent in 2008 to 37.4 percent last year.
Union Avoidance + Improved Employee Relations = As Good As It Gets.
While our crystal ball is no better than anyone else's, change in our country's labor laws appears to be drawing ever closer. While EFCA as it was originally proposed with its elimination of secret-ballot elections is undergoing change, a lot of other tweaking has been going on lately in the Senate reflecting unions' desire to find some form of legislation which will pass and which will give them the stimulus they need to revitalize their efforts to halt the continuing loss of union jobs and members.
Top Five Reasons You Can't Blame Employees For Joining A Union.
We all know that union membership has been on the decline for decades. But with a new administration in the White House, and Democrat majorities in the House and Senate, employers should expect significant labor law reforms and dramatically different enforcement strategies that will make it easier for labor unions to organize employees. In fact, hopeful labor leaders proclaim that the expected changes could add up to 1.5 million new members per year for the next 15 years.
Carroll College Case Proves No Free Pass For Unions...Yet.
With membership at its lowest point in over 60 years, unions are steadfastly proving they still know how to play politics. Organized labor has recently taken steps to reinforce its ranks through legislation, introducing significant reform efforts such as the Employee Free Choice Act (EFCA). The Act, in effect, would eliminate secret ballot elections from the provisions of the National Labor Relations Act (NLRA) related to union organizing, substitute card check verification instead, and make employer neutrality mandatory in the electoral process.
New Employee Notice Rule Proposed for Federal Contractors and Subcontractors.
On August 3, 2009, the U.S. Department of Labor (DOL) issued a proposed rule to implement President Barack Obamas recent Executive Order 13496 requiring federal contractors to inform employees of their rights under federal labor laws, including the National Labor Relations Act (NLRA). Executive Order 13496 requires covered contractors to include certain language in their contracts and to conspicuously post notices of employee rights under federal labor laws. The proposed rule describes the content of the required notice, which contractors and subcontractors must post, and the penalties that can be imposed for noncompliance.
Is There a Union in Your Future? Labor Law Reform II (pdf).
Though the ink is hardly dry on the economic
stimulus plan, Congressional Democrats have turned
their attention to their next big fight: easing the way
for labor organizing at companies big and small. On
March 10th, both houses of the United States
Congress introduced identical versions of the socalled
Employee Free Choice Act (EFCA) legislation
(S. 560 and H.R. 1409). This legislation is
designed to make it dramatically easier for a union to
organize your employees.
Executive Order Could Effectively Prevent Federal Contractors From Opposing Union Organizing Efforts.
The new administration is moving swiftly to change the playing field between labor and management.
UFCW Is In at Smithfield, Shortly After RICO Suit Settled.
On December 12, 2008, the NLRB announced that the United Food and Commercial Workers Union won an election at Smithfield Foods pork processing plant in Tar Heel, North Carolina. The UFCW has been seeking to represent the Tar Heel workers for more than 15 years.
What a Racket!
The New York Court of Appeals, New Yorks highest court, recently ruled that Local 32BJ of the Service Employees International Union was properly enjoined from announcing its presence outside the Empire State Building with a banging racket of drumming on metal pots and tin cans.
Unions Continue to Covet Healthcare Workers: Is Your Hospital Ready?
By now, most hospital and healthcare leaders recognize that their employees represent an increasingly inviting organizing target for unions such as the Service Employees' International Union (SEIU) and the California Nurses Association (CNA). If any question remains, it is "when," not "if" one or more unions will mount some sort of an offensive at your facility.
Hospitality Labor Letter: Box Score (Spring 2008).
There have been 24 union petitions at hospitality employers, that we are aware of, filed since the beginning of 2008.
Prohibition on Union Buttons May Violate National Labor Relations Act.
The 9th U.S. Circuit Court of Appeals has overturned a decision by the National Labor Relations Board related to a hospitals prohibition on union buttons. According to the Ninth Circuit, prohibiting the buttons violated nurse/employees rights under the National Labor Relations Act.
Unions Maintain Focus On Healthcare Employers.
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.
Auto Dealership Update: Unions Push on Several Fronts.
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.
California Nurses Association Launches New Wide-Ranging Mail Campaign.
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.
Houston Nurses Vote for Unionization.
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.
9th Circuit Upholds Casino's Right to Express Opinions on Unionization.
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.
Labor Board Approves Restrictive E-mail Policies (pdf).
The NLRB just announced new guidelines for private sector employers.
NLRB To Hold Oral Argument in Las Vegas Organizing Case.
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.
Zounds! Tough Talk About Bargaining No Threat To Knights And Squires.
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.
Unions Target Healthcare Industry With New Organizing Tactics.
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.
SEIU Establishes New National Healthcare Union.
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.
Unions Expect Help from New Congress (pdf).
Sieck guaranteed success in organizing, mandated contracts.
Whats Next on the Congressional Agenda, an Easier Path to Organizing?
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.
Union barred from photographing workers during organizing campaign (pdf).
NLRB finds no legitimate justification for the conduct.
Legal Alert: UAW Transfers Millions from Strike Fund to Use for Organizing Activities.
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.
Union Numbers Increase, Elections Decline (pdf).
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.
AFL-CIO Splinters -- Nonunion Employers Should Be Wary (pdf).
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.
Teamsters To Test Organizing Efforts In North Carolina After Split From AFL-CIO (pdf).
On the opening day of the AFL-CIOs 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.
