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27 Jun 2016 Texas Court Issues Nationwide Injunction Against DOL’s Persuader Rule

  A Texas Federal Court today issued a nationwide injunction preventing implementation of the Department of Labor’s (DOL) new persuader regulations. More details will be posted, but absent some action by the Fifth Circuit, the court’s ruling prevents the DOL from enforcing its regulation that were due to take effect on July 1.   Click here to read a Barnes & Thornburg legal alert on this topic. Scott WitlinScott J. Witlin is a partner in…

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24 Jun 2016 Summary of NLRB Decisions for Week of June 6 – 10, 2016

The summary of NLRB decisions for the week of June 6 – 10 is now available.   Summarized Board Decisions   CVS Albany, LLC d/b/a CVS  (29-RC-155927; 364 NLRB No. 21)  Brooklyn, NY, June 7, 2016.   Decision on Review and Order remanding the proceeding to the Regional Director for further appropriate action.  Having carefully considered the record, the Board reversed the Regional Director and found that the challenges to the ballots of three employees…

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Hands of two business people pointing at financial figures
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22 Jun 2016 EEOC Critical of NLRB’s Investigation Confidentiality Concerns

An Equal Employment Opportunity Commission (EEOC) task force has released a comprehensive report on its 18-month study on the issue of harassment in the workplace. The Select Task Force on the Study of Harassment in the Workplace consisted of a select group of outside experts impaneled to examine harassment in the workplace and was co-chaired by two current EEOC Commissioners, Chai Feldblum and Victoria Lipnic. They recently published the “Report of the Co-Chairs of the EEOC Select…

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21 Jun 2016 Supreme Court to Decide if Presidential Appointees Can Fake It Until They Make It

Barely two years after the U.S. Supreme Court decided a similar issue in Noel Canning, the court has again decided to weigh into the propriety of one of President Obama’s appointees to the National Labor Relations Board (NLRB). NLRB v. SW General. The case involves President Obama’s appointment of Lafe Solomon as “acting general counsel” of the board at the same time the president nominated him for the general counsel (GC) position, prior to his…

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16 Jun 2016 Summary of NLRB Decisions for Week of May 23 – 27, 2016

The summary of NLRB decisions for the week of May 23 – 27 is now available.   Summarized Board Decisions   Beena Beauty Holding, Inc. d/b/a Planet Beauty  (31-CA-144492; 364 NLRB No. 3)  Studio City, CA, May 23, 2016.   Applying D. R. Horton, Inc., 357 NLRB 2277 (2012), enf. denied in relevant part 737 F.3d 344 (5th Cir. 2013) and Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), enf. denied in relevant part…

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15 Jun 2016 NLRB’s “Ambush Election Rules” Get Stamp of Approval from Fifth Circuit

On June 10, the Fifth Circuit Court of Appeals upheld the National Labor Relations Board’s (NLRB) controversial “ambush election rules” that went into effect in April 2015. As we have extensively covered in past posts, the new election rules have resulted in much shorter time periods between the filing of union election petitions and the elections themselves.   The Fifth Circuit’s decision was on appeal from a federal district court in Texas that had dismissed…

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10 Jun 2016 Summary of NLRB Decisions for Week of May 16 – 20, 2016

The summary of NLRB decisions for the week of May 16 – 20 is now available.   Summarized Board Decisions   Boothwyn Fire Company No. 1  (04-CA-133498 and 04-CA-140365; 363 NLRB No. 191)  Boothwyn, PA, May 16, 2016.   The Board affirmed the Administrative Law Judge’s findings that the Respondent violated Section 8(a)(1) by threatening, preparing written documentation against, and eventually discharging an employee because he engaged in protected concerted activity when he joined other…

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09 Jun 2016 Fifth Circuit Agrees NLRB Micro-Unit Test Here to Stay

The Fifth Circuit Court of Appeals is the latest federal court of appeals to approve of the National Labor Relations Board’s (NLRB) “micro-unit” test first enunciated in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011). See our recent post here. The Fifth Circuit case involves a Macy’s department store in Massachusetts. The case garnered national attention because many practitioners and prognosticators believed it had the best chance of overturning the NLRB’s Specialty Healthcare rule. The…

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Employee handbook
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08 Jun 2016 Can Lawful Employer Policies Put Companies at Risk? NLRB Says Yes

Blog posts warning of the perils of employer handbook policies are starting to sound like broken records. However, a recent National Labor Relations Board (NLRB) decision adds to the “handbook policy” reminders – even changes to employer practices regarding lawful policies can be risky when done at the wrong time.   In Intertape Polymer Corp., 363 NLRB No. 187 (May 10, 2016), the board affirmed its prior decision on remand from the Fourth Circuit, finding…

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03 Jun 2016 Are Permanent Replacements Permanent Anymore?

The National Labor Relations Board (NLRB) has yet again grabbed the opportunity to sweep away years of precedent in its recent ruling in American Baptist Homes of the West d/b/a Piedmont Gardens, 364 N.L.R.B. No. 13 (5/31/16).  In Piedmont Gardens, the board held that a company violates the National Labor Relations Act (NLRA) if it hires permanent replacements during a strike to allegedly “punish the union” and its members and to “avoid future strikes.”  …

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