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Union’s Goal: 100,000 New Members by 2024

UNITE HERE hopes to increase its membership by one-third, to 400,000 members, by 2024, according to Bloomberg Law.

Supreme Court’s Epic Systems Decision on Arbitration Interpreted Broadly by Labor Board

An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualized arbitration, even if it was in response to employees opting into a collective action (such as a wage lawsuit), the National Labor Relations Board (NLRB) has ruled. Cordúa Restaurants, Inc., 368 NLRB No. 43 (Aug. 14, 2019). The NLRB also concluded that the NLRA does not prohibit an employer from threatening to discharge an employee who refuses to sign such an agreement.

Employers May Demand Arbitration Agreements in Response to Collective Actions, NLRB Rules

A new decision from the National Labor Relations Board (NLRB) brings welcome news to employers regarding mandatory arbitration agreements.

NLRB Weighs In On Employment Arbitration Agreements Again

Following its “epic” loss last year on the issue of whether class action waiver provisions in employment arbitration agreements violate Section 7 of the NLRA, the NLRB has issued a new decision taking a much more employer-friendly view of mandatory arbitration agreements. In Cordua Restaurants, Inc., the NLRB ruled today that an employer lawfully (without violating the NLRA) may roll out a mandatory arbitration agreement in response to the filing by an employee of a collective action alleging wage and hour violations under the Fair Labor Standards Act. The NLRB held that the employer may require employees to sign the agreement as a condition of employment, thereby preventing them from opting in to the collective action, and that the employer may fire employees who refuse to sign the agreement. However, if an employee already has a pending lawsuit against the employer, the employer may not lawfully discharge the employee because of the filing of the lawsuit (which is protected activity).

Top Five Labor Law Developments for July 2019

The National Labor Relations Board (NLRB) General Counsel’s Division of Advice has found an employer did not violate the National Labor Relations Act (NLRA) when it fired an employee based on the mistaken belief that she divulged confidential wage information. Centura, 27-CA-234214 (Adv. Mem. June 24, 2019, released July 16, 2019). As the employee was applying for higher-paid positions with the employer, the employer received an anonymous tip that the employee disclosed to a colleague employee salaries information she obtained in her HR role. After the employer had fired the employee for the unauthorized disclosure, it emerged that the employee did not make the alleged disclosure.

NLRB’s Proposed Rule Change Expands Employee Free Choice in the Construction Industry

Under the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of coercion or intimidation is one of the Act’s bedrock principles. Due to a unique provision in the NLRA, however, employees in the construction industry do not always have a choice on the “union issue.” On August 12, 2019, the National Labor Relations Board proposed an important rule change that returns free choice to employees. To understand the proposed rule change we first provide a brief overview of construction labor law concepts.

Labor Board Proposes Modifications to Union Election Procedures

The National Labor Relations Board’s (NLRB) proposal to amend its union representation procedures regarding blocking charges, voluntary recognition bar, and construction industry collective bargaining relationships was published in the Federal Register on August 12, 2019.

NLRB Seeks To Reinforce Employee Choice Through Regulatory Changes

One of the primary responsibilities of the National Labor Relations Board (NLRB) is conducting secret ballot elections in the workplace about the choice to be union-free or not. Over the years, however, the right to a secret ballot election has been diluted at times due to NLRB regulations or decisions.

National Labor Relations Board Proposes Rulemaking Concerning Certain Union Representation Processes

On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103. The first proposed amendment would modify the Board’s blocking charge policy by establishing a vote-and-impound procedure for processing a representation petition when a party seeks to stay an election while an unfair labor practice (ULP) charge is pending. The second proposed amendment would change the current recognition-bar policy by re-establishing a notice requirement and a 45-day open period for filing an election petition following an employer’s voluntary recognition of a labor organization. The third proposed amendment would overrule Board law holding that contract language, by itself, can establish the existence of a Section 9(a) bargaining relationship for companies in the construction industry.

Third Thursdays with Ruthie: Working Conditions for Unionized vs. Non-Unionized Employees

For employers with both unionized and non-unionized employees, determining a strategy for working conditions—i.e., whether to provide the same terms and conditions of employment to unionized and non-unionized employees—can be a challenge. In this episode of the Third Thursdays podcast, Ruthie Goodboe discusses tips and considerati
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