The AFL-CIO has sued the National Labor Relations Board (NLRB) to stop implementation of changes to NLRB representation case procedures involving its blocking charge policy, the voluntary recognition bar doctrine, and its rule regarding National Labor Relations Act (NLRA) Section 9(a) recognition in the construction industry.
Articles Discussing Unfair Labor Practices Under The NLRA.
NLRB Explains Past Practice Analysis and ULP Defense under Raytheon Decision
The National Labor Relations Board (NLRB) has explained the “past practice” analysis it applies in determining whether a unionized employer’s unilateral actions constitute an unlawful change under the NLRB’s decision in Raytheon Network Centric Systems, 365 NLRB No. 161 (2017). ABF Freight System, Inc., 369 NLRB No. 107 (June 19,
NLRB Division of Judges to Resume Unfair Labor Practice Hearings in June
The Division of Judges of the National Labor Relations Board (NLRB) has announced it is going to resume holding unfair labor practice hearings beginning on June 1, 2020. The Division had postponed all hearings during May for COVID-19-related reasons.
It appears the NLRB expects to hold most hearings remotely, stating it
NLRB Division of Advice Decides Laborers’ Union Unlawfully Restricts Resignation
A union’s dues check off authorization card that unduly restricted an employee’s right to resign union membership violates Section 8(b)(1)(A) of the National Labor Relations Act (NLRA), the National Labor Relations Board’s (NLRB) Division of Advice has decided. Laborers’ Local 980 (Tutor-Perini Corp.), No. 05-CB-229670 (issued July 29, 2019, released
Department of Labor Provides Guidance on Retirement Plan Obligations When Employees Return From Military Service
The Department of Labor recently issued a fact sheet intended to help employers understand their retirement plan obligations under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). The law provides that eligible employees that return to employment following qualified military service must be treated as though their military service was not a break in service for purposes of participation, vesting and benefit accrual under their employer’s retirement plan.[1]
NLRB Issues Reprieve for Unionized Employers Seeking to Make Unilateral Changes
Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands. Many employers signatory to a collective bargaining agreement experience firsthand the restrictions of antiquated contract language that prohibit unilateral operational changes.
NLRB Members Intend to Revisit Applicability of ‘Contract Coverage’ Standard in Unilateral Change Cases
How the NLRB analyzes defenses to unilateral change unfair labor practice charges may be in for a substantial revision.
Employer’s Careful Drafting of Warning Document Causes Court of Appeals to Overturn NLRB Violation Finding
The United States Court of Appeals for the District of Columbia Circuit has refused to enforce a National Labor Relations Board order that a company violated the National Labor Relations Act by warning a union steward not to make “frivolous” information requests in the future. Dover Energy, Inc. v. NLRB, No. 14-1197 (D.C. Cir. Mar. 22, 2016). The Court grounded its decision on the language of the disciplinary document, highlighting the importance of meticulous drafting of disciplinary documents where the NLRA may be in play.
Hospital’s Unilateral Change of Dress Code for Nurses Redressed by ALJ
An administrative law judge (ALJ) recently ruled that a New Jersey hospital violated the National Labor Relations Act by failing to respond to the union’s request for information and by unilaterally changing the dress code for nurses without giving the union notice or an opportunity to bargain.
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