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25 Aug 2016 NLRB Enhances Backpay Compensation for Terminated Workers

  The National Labor Relations Board (NLRB) took another pro-employee step this week – this time with backpay calculation. The Board voted 3-1 to revise its backpay calculation formula for unlawfully terminated employees to include: (1) interim employment and (2) search-for-work expenses. In previous decisions, the Board deemed these types of expenses as setoffs that were then subtracted from gross backpay.   The full decision can be found here.   Adam BartromAdam Bartrom of the firm’s…

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24 Aug 2016 NLRB Excludes Theology Teachers from Bargaining Unit at Catholic Universities

  While the National Labor Relations Board’s (NLRB) decision this week in the teaching assistants’ case caught most of the headlines, the very same day the Board also issued two important rulings defining appropriate bargaining units at Catholic universities.   In cases arising at Seattle University (a Catholic university operated by the Jesuit order) and Saint Xavier University (a Chicago-area Catholic university founded by the Sisters of Mercy), the Board determined that faculty teaching theology…

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23 Aug 2016 Down Goes Brown – NLRB Finds Graduate Assistants May Unionize

  In yet another precedent overturning decision, the National Labor Relations Board (NLRB) ruled on Aug. 23 that student assistants at Columbia University could form a union under the National Labor Relations Act (NLRA). The decision was not unexpected given the Board’s current penchant for overturning precedent, both recent and ancient. In today’s Columbia University ruling, the NLRB overturned its decision in Brown University, which it decided in 2004.   In the 3-1 decision, the…

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22 Aug 2016 Summary of NLRB Decisions for Week of Aug. 1 – 5

  The summary of NLRB decisions for the week of Aug. 1-5 is now available.   Summarized Board Decisions   North Memorial Health Care  (18-CA-132107, 18-CA-133944, 18-CA-135228 and 18-CA-132818; 364 NLRB No. 61)  Robbinsdale, MN, August 2, 2016.   The Board affirmed the Administrative Law Judge’s findings that the Respondent violated Section 8(a)(1) when it:  (1) prohibited nonemployee union representatives from having, and interfered with their ability to have, non-disruptive union-related conversations in areas of the…

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08 Aug 2016 Summary of NLRB Decisions For Week of July 25 – 29

The summary of NLRB decisions for the week of July 25 – 29 is now available.   Summarized Board Decisions   Oberthur Technologies of America Corporation  (04-CA-160992; 364 NLRB No. 59)  Exton, PA, July 27, 2016. The Board granted the General Counsel’s motion for summary judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding,…

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08 Aug 2016 Employers’ Role In Decertification Efforts Continue To Receive Intense Scrutiny

  Decertification petitions are a mechanism under which employees can vote to get rid of their union in the workplace. Employers’ efforts during employees’ decertification efforts, however, always receive much scrutiny from the National Labor Relations Board (NLRB).   The NLRB generally only permits “ministerial aid” by an employer prior to the filing of a petition (e.g., an employer may be able to answer technical questions about the timing for filing such a petition in…

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03 Aug 2016 Buyer Beware – NLRB Decision Creates New Risks for Purchasers of Union Operations

  The NLRB’s Successorship Rules   For some time, the NLRB’s general counsel has wanted to alter the National Labor Relations Act (NLRA) successorship doctrine in favor of unions. A recent NLRB decision on the “perfectly clear successor” exception has shed some light on the obligation for a purchaser to bargain with a union – and on its purchase agreement language and communication with employees.   The NLRA’s successorship doctrine sets the rules for when…

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28 Jul 2016 Summary of NLRB Decisions For Week of July 11 – 15

  The summary of NLRB decisions for the week of July 11 – 15 is now available.   Summarized Board Decisions   Miller & Anderson, Inc.  (05-RC-079249; 364 NLRB No. 39)  Franklin County, PA, July 11, 2016. A Board majority, consisting of Chairman Pearce and Members Hirozawa and McFerran, found merit to the Petitioner’s request for review of the Regional Director’s administrative dismissal of the petition, and concluded that employer consent is not necessary for…

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Employee Pension Plan on note pad with calculator
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26 Jul 2016 What’s Next For Central States?

  Central States, Southeast and Southwest Areas Pension Fund appears to have thrown up its collective hands following the Department of the Treasury’s rejection of its emergency rescue plan on May 6, 2016. A copy of the rejection letter is available here. Central States’ proposal, which would have cut benefits for more than 270,000 Teamsters retirees by as much as 70 percent, was filed with the government under the procedures set up in the 2014…

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22 Jul 2016 Summary of NLRB Decisions for Week of July 5 – 8

  The summary of NLRB decisions for the week of July 5 – 8 is now available.   Summarized Board Decisions   Bristol Farms  (21-CA-103030; 364 NLRB No. 34)  Carson, CA, July 6, 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, 808 F.3d 1013 (5th Cir. 2015),…

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