Ogletree Deakins • November 14, 2017
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2017 issue of the Practical NLRB Advisor. This issue considers how the confirmation of management-side attorney Peter B. Robb as the new National Labor Relations Board (NLRB) General Counsel will affect labor law policy. With the Senate’s confirmation of Robb to replace outgoing General Counsel Richard F. Griffin, Jr., the agency appears headed for significant change.
Fisher Phillips • November 13, 2017
It is no secret that labor laws have been unable to keep pace with the changing economy. Recently, however, it appears the effort to spur change has been resuscitated, as proposals come in from the left (former SIEU head Andrew Stern) and the right (R Street Institute’s Eli Lehrer and Garret Watson), and pressure is applied from the bench (eastern Pennsylvania federal judge Hon. Michael Baylson).
Jackson Lewis P.C. • November 12, 2017
The U.S. House of Representatives has passed the “Save Local Business Act” (H.R. 3441), which would add a new, narrow definition of “employer” to the National Labor Relations Act (and the Fair Labor Standards Act) and which clarifies the definition of joint employment under both federal statutes.
Jackson Lewis P.C. • November 05, 2017
Richard F. Griffin, Jr.’s term as National Labor Relations Board (NLRB) General Counsel (GC) was marked by a dogged defense and pursuit of bolstering the rights of unions and employees under the National Labor Relations Act (NLRA).
Fisher Phillips • November 03, 2017
The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group of Teamster-represented workers at the Ford Motor Company assembly plant in Louisville, Kentucky. According to the October 30 announcement, the NLRB will distribute about $14.4 million in backpay to about 257 workers as payment for VIUSA’s allegedly “casting aside” Teamsters Local 89 employees in favor of United Auto Workers (UAW) employees at lower wages. The remaining $7.2 million will go to the Teamsters Central States Pension Fund to compensate for missed benefit contributions.
Jackson Lewis P.C. • October 26, 2017
Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit has ruled, affirming a lower court’s determination. Riffey v. Rauner, No.16-3487 (7th Cir. Oct. 11, 2017).
Jackson Lewis P.C. • October 25, 2017
A critical National Labor Relations Board nomination was approved by the Senate’s Committee on Health, Education, Labor and Pensions on October 18, 2017, according to Bloomberg BNA. Management-side labor attorney Peter Robb’s nomination to be the Board’s next General Counsel has been long-anticipated by those interested in seeing changes in the agency’s doctrinal jurisprudence. The HELP Committee’s approval of Robb positions him for consideration by the full Senate.
Fisher Phillips • October 24, 2017
Employers who have been keeping up with the National Labor Relations Board’s (NLRB) decisions over the past eight years may be pleasantly shocked to learn that an Administrative Law Judge (ALJ) just upheld an employer’s seemingly broad rule providing that “all documents are considered confidential” and are not to be “taken off the premises.” They also will be shocked to learn that the same ALJ upheld the employer’s blanket rule prohibiting texting anywhere.
Ogletree Deakins • October 19, 2017
As a traditional labor lawyer, I spend a great deal of time traveling the country to assist clients, and I spend a lot of that time in airports and on airplanes reading. On a recent trip, I read The Undoing Project: A Friendship That Changed Our Minds by Michael Lewis, which discusses the research two psychologists conducted on the psychology of decision-making. The research, which concluded that people often err when making decisions despite access to information that should help them, got me thinking about how employees act in the face of union campaigns.
XpertHR • October 04, 2017
The Supreme Court has agreed to hear a landmark case involving the dues unions collect to support their collective bargaining efforts. The case affects millions of teachers and other public school employees and could potentially deal a significant setback to unions.