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21 Nov 2014 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 10 – 14, 2014

The Summary of NLRB decisions for the week of November 10 – 14, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions…

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18 Nov 2014 President Swaps Out Choice for NLRB Seat

President Barack Obama has withdrawn his nomination of Sharon Block to replace Nancy Shiffer on the National Labor Relations Board (NLRB). In her place, he has nominated Lauren McFerran, chief labor counsel for the Senate Health, Education, Labor and Pensions [HELP] Committee.   In an effort to maintain the 3-2 pro-union mix on the Board, the President has appointed an attorney who has practiced as a union-side lawyer as well as counsel to the HELP…

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17 Nov 2014 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 3 – 7, 2014

The Summary of NLRB decisions for the week of November 3 – 7, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions…

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12 Nov 2014 Ebola Strikes

The California Nurses Association, currently in heated negotiations with Kaiser Permanente in Northern California, sponsored a two-day strike (November 11 and 12, 2014) to “stop eroding patient care conditions & provide better #Ebola safeguards” (per CNA’s Facebook page).   For its part, Kaiser issued a press release stating, “[t]o the public, the union is claiming this strike is about Ebola. But the fact is Kaiser Permanente teams have been working on preparations for Ebola non-stop. We are…

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07 Nov 2014 Indiana Right to Work Act Upheld by Indiana Supreme Court

The Indiana Supreme Court decided that I.C. sections 22-6-6-8 and 22-6-6-10 in the Indiana Right to Work Law do not violate Article 1, Section 21 of the Indiana Constitution.  In so ruling, the Court overturned the trial court’s decision which had concluded that those sections of the Act were facially unconstitutional. Section 21 of the Indiana Bill of Rights, Article 1 of the Indiana Constitution, provides that “[n]o person’s particular services shall be demanded, without just…

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06 Nov 2014 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 27 – 31, 2014

The Summary of NLRB decisions for the week of October 27-31, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions and reorganizations.More…

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05 Nov 2014 What a Republican Senate May Mean for the NLRB

Election results from yesterday show that Republicans will take control of the U.S. Senate. With Republicans already in the majority in the House of Representatives, they will have more control over the legislative agenda, although they are still short of the 60 votes in the Senate to override a Presidential veto. With Kentucky Senator Mitch McConnell set to become Majority Leader, it is worth revisiting his comments from a few months ago foreshadowing his approach to…

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03 Nov 2014 NLRB Continues To Invalidate Class Action Waivers In Mandatory Arbitration Programs

While federal courts around the country – including the U.S. Supreme Court – continue to generally uphold “class action waivers” in mandatory arbitration programs, the NLRB continues to go the other way and find that such provisions violate the NLRA. Employers who have arbitration programs that require employees to have claims against companies heard in front of arbitrators rather than courts often include “class action waivers” in their programs. The waivers prohibit employees from forming…

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30 Oct 2014 Advocacy of Insubordination on Facebook Is Concerted But Not Protected Activity

  Finally, there’s a breath of common sense in an NLRB Facebook decision. The board this week upheld the dismissal of a ULP against a neighborhood center which had fired two workers for a profanity-laced discussion on Facebook in which they advocated various acts of insubordination. Richmond District Neighborhood Center, Case 20-CA-091748 (October 28, 2014).   It is critical to note that it was not the profanity that directed the board’s decision. It was the…

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29 Oct 2014 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 20 – 24, 2014

The Summary of NLRB decisions for the week of October 20-24, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions and reorganizations.More…

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