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02 Dec 2016 Weekly Summary of NLRB Decisions for Week of Nov. 21-25

The summary of NLRB decisions for the week of Nov. 21-25 is now available.   Summarized Board Decisions   Spectrum Juvenile Justice Services  (07-CA-180451; 364 NLRB No. 149)  Highland Park, MI, November 22, 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 in which…

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01 Dec 2016 UFC Fighters Seek to Unionize

  A group of prominent current and former UFC fighters, including past champion Georges St-Pierre, announced the formation of the Mixed Martial Arts Athletes Association on Nov. 30. In its official announcement, the group said “The Association’s sole concentration is to fight for the rights of MMA fighters and force UFC’s ownership to dramatically alter the company’s decade plus outrageous treatment of its athletes.” The group also included Bjorn Rebney, former CEO of MMA promotion company Bellator MMA.  …

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29 Nov 2016 And You Thought Trump-Clinton Was Close: Hoffa Squeaks Out Win To Remain Teamsters’ President

  It is (or was) election season and while the spotlight is (or was) focused on the Trump-Clinton and other federal and state government races, another significant election occurred this month: voting for officers of the International Brotherhood of Teamsters Union. James P. Hoffa – son of the late Jimmy Hoffa – has been the general president of the Teamsters since 1998. During his tenure, he has overseen various changes within the Teamsters, such as the union’s…

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28 Nov 2016 Summary of NLRB Decisions for Week of Nov. 14 – 18

  The summary of NLRB decisions for the week of Nov. 14-18 is now available.   Summarized Board Decisions   Personnel Staffing Group, LLC d/b/a Most Valuable Personnel and MVP Workforce, LLC, a single employer  (13-CA-149591, et al.; 364 NLRB No. 147)  Northbrook, IL, November 16, 2016.   The Board denied the Respondent’s motion for summary judgment, finding that the Respondent failed to establish that there are no genuine issues of material fact warranting a…

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23 Nov 2016 NLRB Affirms Decision Finding Charter Schools Subject to NLRA

  In a recent union election, two units of teachers and staff members at a Pennsylvania charter school overwhelmingly voted in favor of representation. See Agora Cyber Charter School, Case Nos. 04-RC-170767, 04-RC-179402 (NLRB, Nov. 16, 2016). The case offers an interesting look at the National Labor Relations Board’s jurisdictional limit to only private employers. Section 2(2) of the National Labor Relations Act provides that the term “employer” shall not include any state or political…

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22 Nov 2016 A Chink in Specialty Healthcare’s Micro Unit Armor?

  On Nov. 21, the U.S. Court of Appeals for the Second Circuit in Constellation Brands v. NLRB reviewed the NLRB’s use of the framework set forth in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011) for evaluating proposed bargaining units.   The court upheld the NLRB’s two-step analysis, required under Specialty Healthcare, for determining whether employees share a “community of interest.” Under step one, the NLRB regional director performs a community-of-interest…

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21 Nov 2016 Sixth Circuit Court of Appeals Rules Local Subdivisions of Government Can Pass Right-to-Work Ordinances

  In Autoworkers Local 3047 v. Hardin County, the Sixth Circuit Court of Appeals has reversed a Kentucky District Court decision that last February found that counties in Kentucky could not pass right-to-work ordinances. Siding with the union plaintiff, the District Court held that Hardin County’s ordinance was preempted by the National Labor Relations Act (NLRA). At the District Court level, the United Autoworkers (UAW), along with the American Federation of Labor and Congress of…

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18 Nov 2016 Summary of NLRB Decisions for Week of Nov. 7-10

The summary of NLRB decisions for the week of Nov. 7-10 is now available.   Summarized Board Decisions   Component Bar Products, Inc.  (14-CA-145064; 364 NLRB No. 140)  O’Fallon, MO, November 8, 2016.   The Board found that an employee’s actions in calling a coworker to warn him that his job was in jeopardy and to try to help the coworker retain his employment were both “inherently concerted” and concerted under Meyers Industriesprinciples, and that…

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16 Nov 2016 DOL’s Persuader Rule Unlawful; Permanently Enjoined

  A federal court judge in Texas has granted summary judgment in a case contesting the legality of the Department of Labor’s (DOL) new Persuader Rule. The effect of the summary judgment ruling is to declare the rule to be unlawful and unenforceable. The ruling was made in a suit brought by 10 states and several business associations.   In a brief order, U.S. District Judge Sam R. Cummings wrote “The court is of the…

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Employees
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15 Nov 2016 The Trump Presidency and the NLRB: Change May Come Slowly

  Though candidate Donald Trump promised swift reversal of Obama administration initiatives, President-elect Trump may find that change will have to come slowly at the NLRB.   One area where the new president could have an immediate impact is with the composition of the Board, which consists of five members with staggered terms.  Currently, there are two open seats and the  majority are  Democrats who have been zealously pro-union throughout the Obama administration:   Former…

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