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17 Feb 2017 Right-To-Work On A Roll – Is the Granite State Next?

  As we previously reported, Missouri became the 28th state to adopt right-to-work legislation, which allows employees to opt out of paying dues to a union representing them. No. 29 and the first Northeast state might be on the horizon.   Legislation is pending in New Hampshire, where Gov. Chris Sununu has indicated a willingness to sign a right-to-work bill. The New Hampshire Senate has already passed the measure and the House is now considering…

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15 Feb 2017 ‘Show Your Face’ – IBEW Restrictions On Union Resignation and Dues Checkoff In Right-to-Work States Found Unlawful

  In Local 58, International Brotherhood of Electrical Workers (IBEW) 365 NLRB No. 30 (February 10, 2017), the National Labor Relations Board (NLRB) struck down IBEW’s requirements that members “appear in person,” show “picture identification,” or “make other arrangements” to verify their identify before being able to resign from the union and revoke prior dues checkoff authorizations. This case is particularly significant for employees in right-to-work states, who as a matter of law cannot be…

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10 Feb 2017 Summary of NLRB Decisions for Week of Jan. 23-27

  The summary of NLRB decisions for the week of Jan. 23-27 is now available.   Summarized Board Decisions   CPL (Linwood) LLC d/b/a Linwood Care Center and its Successor, 201 New Road Operations, LLC d/b/a Linwood Care Center  (04-RM-145463; 365 NLRB No. 8)  Linwood, NJ, January 23, 2017.  (Correction issued January 27, 2017)   The Board granted the Employer’s motion for reconsideration of the Board’s Order denying its request for review of the Regional…

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09 Feb 2017 Missouri Adopts Right-to-Work, Are the Feds Next?

  This week, Missouri Gov. Eric Greitens signed into law Missouri’s new Right-to-Work Act. At roughly the same time, Republican Reps. Steve King of Iowa and Joe Wilson of South Carolina introduced the national Right-to-Work Act that would amend the National Labor Relations Act and the Railway Labor Act to remove language allowing unions to require membership as a condition of employment.   Republicans, including King and Wilson in 2015, have tried to push a…

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27 Jan 2017 Major Changes on the Horizon for the NLRB? Trump Names Philip Miscimarra Acting Chair of Agency

  President Trump took his first official action with respect to the National Labor Relations Board (NLRB) on Jan. 24, when he named current NLRB member Philip Miscimarra as acting chair of the agency. Miscimarra has served on the NLRB since 2013 and currently is the lone Republican (i.e., pro-employer) member.   The other two members, Mark Gaston Pearce and Lauren McFerran, are Democrat members and tend be viewed as “pro-union.” Miscimarra replaces Pearce as…

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24 Jan 2017 Court Of Appeals Reverses NLRB, Finds Hospital’s Nonunion Hiring Preference Policy Is Lawful

  On Jan. 20, the First Circuit Court of Appeals vacated a National Labor Relations Board (NLRB) decision that found a hospital’s hiring preference policy applicable to its nonunion employees to be unlawful. The hospital at issue had both union and nonunion sites.   At a union site, there was a collective bargaining agreement (CBA) that contained a provision giving preference to bargaining unit members for hiring or transferring into positions covered by the CBA….

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23 Jan 2017 Will Seattle Uber Drivers Really Be Able to Unionize? Uber Takes Legal Action to Halt City Rules

  Last week, Uber, by way of a subsidiary, brought an action in Washington state court claiming that the City of Seattle’s recently adopted labor ordinance is arbitrary and capricious and that the City did not follow proper rulemaking procedures when they were adopted. The complaint also alleges that the city’s rulemaking process denied members of the public from having a “meaningful opportunity to comment.”   Late last year, Seattle news outlets started reporting about…

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20 Jan 2017 Obama NLRB Deep Sixes Employer Defense on Procedural Grounds Earlier Case Involving Union’s “Peculiar Circumstances” Justifies Inconsistent Application of the Same Rule

  A recent NLRB decision demonstrates again the Obama NLRB’s willingness to entertain inconsistency when the outcome favors a union. Over the last eight years, some have noted that this has been a persistent theme at the NLRB.   The most recent example of this phenomenon is found in the NLRB’s Jan. 9 Williams-Sonoma Direct, Inc., decision. In this union election case involving the NLRB’s controversial Specialty Healthcare “micro unit” decision, the issue was the…

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13 Jan 2017 U.S. Supreme Court to Decide D.R. Horton Arbitration Waiver Issue

  The U.S. Supreme Court on Friday agreed to hear three cases all related to the National Labor Relations Board (NLRB) decision in D.R. Horton in which the NLRB held that companies that require employees to sign class action waivers violate their rights to act collectively under Section 7 of the National Labor Relations Act (NLRA).   Though class action waivers have previously been upheld by the U.S. Supreme Court under the Federal Arbitration Act…

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12 Jan 2017 Summary of NLRB Decisions for Week of Jan. 3-6

  The summary of NLRB decisions for the week of Jan. 3-6 is now available.   Summarized Board Decisions   Hospital Santa Rosa Inc. a/k/a Clinica Santa Rosa  (12-CA-143221; 365 NLRB No. 5)  San Juan, PR, January 3, 2017.   The Board unanimously affirmed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) when it failed to pay employees a $600 Christmas bonus, as required by Puerto Rico law, without first affording…

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