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22 Mar 2017 Summary of NLRB Decisions for Week of March 6 – 10

  The summary of NLRB decisions for the week of March 6-10 is now available.   Knollwood Country Club  (02-CA-150410, et al.; 365 NLRB No. 22)  Elmsford, NY, March 08, 2017.   The Board unanimously affirmed the Administrative Law Judge’s conclusions that the Respondent violated: (1) Section 8(a)(5) and (1) by unilaterally changing unit employees’ terms and conditions of employment when it used temporary staffing agency workers to perform unit work; modified the parties’ contract by…

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21 Mar 2017 No Vacancy: U.S. Supreme Court Invalidates Most of Former Acting NLRB GC’s Tenure

  First there was the New Process Steel case in 2010, in which the U.S. Supreme Court ruled that the National Labor Relations Board (NLRB) needed at least three lawfully-appointed members to render decisions. Then, in 2014, the Supreme Court held in its Noel Canning decision that former President Obama overstepped his “recess appointment authority” by appointing three members to the NLRB when congress was not in “recess.” Now, we have the Southwest Ambulance case.  …

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16 Mar 2017 Sixth Circuit Refuses to Vacate; Lets Local Municipal Right-To-Work Decision Stand

  Following up on our post from earlier this week, on March 15, the U.S. Court of Appeals for the Sixth Circuit has refused to vacate its ruling in Autoworkers Local 3047 v. Hardin County, a Kentucky case. In doing so, the court allows to stand its ruling that municipalities can pass enforceable right-to-work provisions. The unions wanted the decision vacated as moot based on the state of Kentucky adopting right-to-work legislation, thereby making it…

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15 Mar 2017 Seattle Legal Battles Mount: Uber Drivers and U.S. Chamber Fight Driver Unionization Law

  In January we shared a post about a labor battle brewing in Seattle and things look to be heating up. As we reported, the City of Seattle adopted its final rules to implement an ordinance allowing Uber and other for-hire drivers to unionize. The rules drew fire from both sides of the debate as they set specific unionization requirements, including the driver eligible requirements to vote for a union.   As of January, the…

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14 Mar 2017 The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review

  On November 21, 2016, we reported that in Autoworkers Local 3047 v. Hardin County, the Sixth Circuit Court of Appeals held that local units of government could pass right-to-work ordinances under the National Labor Relations Act. Subsequently, on January 9, 2017 we reported that the state of Kentucky became a right-to-work state, a decision that seemingly ended any controversy concerning the Hardin County ordinance and litigation. However, a group of local unions have continued…

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13 Mar 2017 Summary of NLRB Decisions for Week of Feb. 27 – March 3

  The summary of NLRB decisions for the week of Feb. 21-24 is now available.   Summarized Board Decisions No Published Decisions Issued.   *** Unpublished Board Decisions in Representation and Unfair Labor Practice Cases R Cases Queen of the Valley Medical Center  (20-RC-185503)  Napa, CA, February 28, 2017.  The Board denied the Employer’s Request for Review of the Order by Acting Regional Director under NLRB Rule 102.66(c) Concerning Issues to be Litigated at Hearing,…

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10 Mar 2017 Beware of the Employee Walk Out: Non-Union Employees Terminated for Walking Off Job; NLRB Judge Reinstates with Backpay

  Earlier this week, an NLRB Judge handed out another tough lesson for a non-union employer.   In this case, three employees at a Hyundai plant in Alabama walked off the job over a scheduling conflict.  The company investigated the incident and terminated their employment on the basis that the employees had voluntarily resigned by leaving early.  Following the employees filing ULPs, the Judge found that the company acted unlawfully.  Specifically, the Judge found the…

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10 Mar 2017 Browning-Ferris Joint Employer Test Argued Before D.C. Circuit

  Oral argument was heard on Thursday, March 9 before the D.C. Circuit Court of Appeals in Browning-Ferris’ continued effort to overturn the NLRB’s new Joint Employer test.   According to published reports, the tone of the questioning from the three-judge panel should give some hope to employers rooting for a reversal of the Board’s broad new test.  Judge Patricia Millett, according to the National Law Journal, “dominated most the argument time of both sides.”…

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07 Mar 2017 Summary of NLRB Decisions for Week of Feb. 21 – 24

The summary of NLRB decisions for the week of Feb. 21-24 is now available.   Summarized Board Decisions   HealthBridge Management, LLC; 107 Osborne Street Operating Company II, LLC d/b/a Danbury HCC; 710 Long Ridge Road Operating Company II, LLC d/b/a Long Ridge of Stamford; 240 Church Street Operating Company II, LLC d/b/a Newington Health Care Center; 1 Burr Road Operating Company II, LLC d/b/a Westport Health Care Center; 245 Orange Avenue Operating Company II,…

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02 Mar 2017 Summary of NLRB Decisions for Week of Feb. 13 – 17

  The summary of NLRB decisions for the week of Feb. 13-17 is now available.   Summarized Board Decisions   United Food and Commercial Workers Union, Local 4, affiliated with United Food and Commercial Workers Union (Safeway, Inc.)  (19-CB-009660; 365 NLRB No. 32)  Two Butte, MT, February 13, 2017.   The Board denied the Respondent Union’s motion for reconsideration in part and granted it in part.  In the underlying decision, the Board had found that the…

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