Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
0

05 Feb 2016 County Right-to-Work Laws in Kentucky Struck Down By Federal District Court

  As previously reported on the blog, last year several counties in Kentucky passed Right-to-Work ordinances that prohibited companies and unions within their borders from requiring union dues as a condition of employment. We also noted that the laws were being challenged in Kentucky federal court by the UAW and several other unions. The unions, who were supported by the NLRB, argued that the Section 14(b) NLRA preempts “counties” from enacting Right-to-Work laws, as Section…

READ MORE
Stage
0

04 Feb 2016 11th Circuit Overturns NLRB: Finds Atlanta-area Stagehands are Independent Contractors

  The 11th Circuit Court of Appeals yesterday vacated a decision by the NLRB holding that a company, an Atlanta-area stagehand referral service, violated the National Labor Relations Act (NLRA). The company refers stagehands to producers of concerts, sporting events, and other live events in the Atlanta area. In 2014, the International Alliance of Theatrical Stage Employees union sought to represent the stagehands who contract with the referral service. The NLRB determined that the stagehands were employees of…

READ MORE
0

04 Feb 2016 NLRB WEEKLY SUMMARY OF DECISIONS, JAN. 11-15, 2016

  The summary of NLRB decisions for the week of Jan. 11-15 is now available.   Summarized Board Decisions   Micropower USA Corp. (02-CA-130858, et al.; 363 NLRB No. 93)  New York, NY, January 11, 2016. The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the amended compliance specification.  Accordingly, the Board ordered the Respondent to pay the 10 discriminatees the amounts stated in…

READ MORE
0

28 Jan 2016 NLRB WEEKLY SUMMARY OF DECISIONS, Jan. 4-8, 2016

The summary of NLRB decisions for the week of Jan. 4-8 is now available.   Summarized Board Decisions   Colonial Parking  (05-CA-141241; 363 NLRB No. 90)  Washington, DC, January 5, 2016. The Board affirmed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by coercively interrogating employees and threatening them with both unspecified reprisals as well as discharge. The Board also affirmed the judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by…

READ MORE
Courtroom
0

26 Jan 2016 NLRB’s New Joint-Employer Standard To Be Put To The Test In Federal Court

  As previously reported by the blog and widely throughout mainstream media, last year the NLRB significantly altered its standard for evaluating whether staffing companies and their customers constitute as “joint-employers” under the NLRA. Under the NLRB’s old test for finding “joint-employer status,” the NLRB found such status “where two separate entities share or codetermine those matters governing the essential terms and conditions of employment.” TLI, Inc., 271 N.L.R.B. 798, 798 (1984).  Additionally, “there must…

READ MORE
0

21 Jan 2016 Law Professors Petition for New NLRB Rule: Union “Captive Audience” Meetings

  In a recent petition filed before the NLRB, 106 academic professors of labor and employment relations law submitted a request for the Board to adopt a new rule pertaining to “captive audience” meetings. The term “captive audience” meeting describes employer meetings with employees during a union campaign which allow management to discuss their views on unionization. Typically employers require employee attendance and hold the meetings on working time. Considering the meetings occur during working…

READ MORE
0

21 Jan 2016 NLRB WEEKLY SUMMARY OF DECISIONS, December 28 – 31, 2015

The summary of NLRB decisions for the week of December 21-24, 2015, is now available.   Summarized Board Decisions   Shawnee Ready-Mix Concrete & Asphalt Co., Inc.  (04-CA-147344; 363 NLRB No. 88)  Plymouth, PA, December 30, 2015. Pursuant to the noncompliance provisions of an informal settlement agreement, the Board granted the General Counsel’s motion for default judgment.  Accordingly, the Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to pay…

READ MORE
0

15 Jan 2016 Browning-Ferris “All In” On Joint Employer Battle With NLRB

Browning-Ferris (“BFI”) appears to have moved all of its chips into the middle of the table and is “all in” in poker parlance in its battle with the NLRB over the Board’s new approach to “joint employer” liability.   As we have discussed on this blog, a Teamster organizing campaign brought against BFI and Leadpoint, the temporary staffing company that supplies BFI with employees for its recycling facility in Milpitas, California, gave the NLRB the…

READ MORE
0

13 Jan 2016 NLRB WEEKLY SUMMARY OF DECISIONS, December 21 – 24, 2015

  The Summary of NLRB decisions for the week of December 21-24, 2015, is now available.   Summarized Board Decisions   SolarCity Corp.  (32-CA-128085; 363 NLRB No. 83)  San Mateo, CA, December 22, 2015. Affirming the administrative law judge’s application of D. R. Horton, Inc., 357 NLRB No. 184 (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…

READ MORE
Empty school classroom with blackboard for training. 3D rendering.
0

12 Jan 2016 Court Poised to Strike Down Union Agency Fees for Public Employees?

  The U.S. Supreme Court, in argument on Jan. 11, from all accounts appears poised to strike down its prior decision in Abood v. Detroit Board of Education and conclude that mandatory agency fees paid by public employees to unions that represent them are unconstitutional.   In Friedrichs v. California Teachers Association, the petitioners contend that mandatory fair share dues to cover the cost of collective bargaining and other representational activities violate the free-speech rights…

READ MORE