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04 Sep 2015 Employers Take Note: Just in Time for Labor Day NLRB Issues Multiple Decisions That Significantly Erode Many Employer Interests

The NLRB continues to take aim at and significantly erode employer interests. In just the past the past few weeks the NLRB has issued decisions:   Further undermining employer investigations by finding that even a “recommendation” of confidentiality in such circumstances violated Section 7   Throwing out an employer policy related to company confidential information and also finding its no-photograph policy violated Section 7   Impairing the future effectiveness of unionized employer drug testing policies…

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03 Sep 2015 NLRB WEEKLY SUMMARY OF DECISIONS, AUGUST 17 – 21, 2015

The Summary of NLRB decisions for the week of August 17 – 21, 2015, is now available.   Summarized Board Decisions Northwestern University  (13-RC-121359; 362 NLRB No. 167)  Evanston, IL, August 17, 2015. On March 26, 2014, the Regional Director issued a Decision and Direction of Election in which he found that all football players receiving a grant-in-aid scholarship are employees within the meaning of Section 2(3) of the Act.  The Board granted review on…

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02 Sep 2015 Another Noel Canning Rubber Stamp – Obama NLRB Overturns 1962 Case and Holds that Dues Checkoff Duty Now Continues Beyond Contract Expiration

In WKYC-TV, Inc., 359 NLRB No. 30 (2012) the Obama NLRB overturned Bethlehem Steel, 136 NLRB 1500 (1962), that for more than 50 years stated the rule that when a collective bargaining agreement expired the employer’s obligation to follow the agreement’s dues checkoff provision ceased. The Supreme Court’s decision in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), however, meant that the decision in WKYC-TV could not stand because, at the time of its decision,…

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01 Sep 2015 NLRB Election Rule Statistics Demonstrate Shorter Election Periods and Why Proactively Preparing for Union Organizing is Smart Business

On April 14, 2015, the NLRB’s new rule applicable to union organizing went into effect. See previous posts here and here. From the time the new rule was first introduced, employer’s argued that its main aim was to speed up the time for union elections (to the benefit of unions) and that it was a certainty that elections under the rule would occur much more quickly.   Conventional wisdom has always been the shorter the…

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31 Aug 2015 The Hits Keep On Coming: NLRB Ruling Makes It Easier For Unions To Establish “Joint-Employers” Under The NLRA

Given that unions currently only represent 6.6 percent of the private sector workforce, the National Labor Relations Board (NLRB) increasingly is vetting any and all avenues to enlarge that number. We recently have seen those efforts with the new “ambush election rules,” “micro-unit” decisions, and increased scrutiny of non-union employer policies. The NLRB now has delivered yet another blow to employers by issuing a ruling that will make it easier for unions to establish that…

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25 Aug 2015 NLRB WEEKLY SUMMARY OF DECISIONS, AUGUST 10 – 14, 2015

The Summary of NLRB decisions for the week of August 10 – 14, 2015, is now available.   Summarized Board Decisions Countrywide Financial Corporation (31-CA-072916; 362 NLRB No. 165) Calabasas, CA, August 14, 2015. Applying D.R. Horton, Inc., 357 NLRB No. 184 (2012), enf. denied in relevant part 727 F.3d 344 (5th Cir. 2013) and U-Haul Co. of California, 347 NLRB 375 (2006), enfd. 255 Fed. Appx. 527 (D.C. Cir. 2007), a Board panel majority…

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20 Aug 2015 NLRB WEEKLY SUMMARY OF DECISIONS, AUGUST 3 – 7, 2015

The Summary of NLRB decisions for the week of August 3 – 7, 2015, is now available.   Summarized Board Decisions Student Transportation of America, Inc. (04-RC-113131; 362 NLRB No. 156) Levittown, PA, August 3, 2015. The Board agreed with the judge’s recommendation to overrule challenges to the ballots of two employees.  A Board panel majority consisting of Members Hirozawa and McFerran found that a vice president of the Employer implicitly threatened unit employees with…

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11 Aug 2015 More NLRB Cases May Be In Jeopardy Based On DC Circuit’s Ruling Invalidating Most Of Former GC’s Tenure

Last week, the DC Circuit Court of Appeals issued a ruling in a case that potentially calls into question many NLRB cases that were initiated by the board’s former General Counsel (GC), Lafe Solomon. The court evaluated whether Solomon’s service in the GC role violated the Federal Vacancies Reform Act (FVRA).   Solomon initially was appointed to temporarily fill the role in June 2010; was formerly nominated by President Obama to fill the position in…

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07 Aug 2015 NLRB WEEKLY SUMMARY OF DECISIONS, JULY 27 – 31, 2015

The Summary of NLRB decisions for the week of July 27 – 31, 2015, is now available.   Summarized Board Decisions Constellation Brands, U.S. Operations, Inc. d/b/a Woodbridge Winery  (32-CA-148431; 362 NLRB No. 151)  Acampo, CA, July 29, 2015. The Board granted the General Counsel’s motion for summary judgment in this refusal-to-bargain test-of-certification case on the ground that the Respondent did not raise any issues that were not, or could not have been, litigated in…

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04 Aug 2015 NLRB WEEKLY SUMMARY OF DECISIONS, JULY 20 – 24, 2015

The Summary of NLRB decisions for the week of July 20 – 24, 2015, is now available.   Summarized Board Decisions Oakland Physicians Medical Center, LLC d/b/a Doctors’ Hospital of Michigan  (07-CA-120931; 362 NLRB No. 149)  Pontiac, MI, July 22, 2015. A Board majority consisting of Chairman Pearce and Member McFerran adopted the Administrative Law Judge’s findings that deferral to arbitration was inappropriate and that the Respondent violated Section 8(a)(5) and (1) of the Act…

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