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20 May 2015 NLRB Continues Assault On Employer Arbitration Agreements

On Monday, May 18, an administrative law judge (ALJ) for the National Labor Relations Board held a company violated the National Labor Relations Act by creating an arbitration program that effectively precluded employees from bringing class action lawsuits against the employer. Interestingly, the arbitration agreement at issue was silent on whether employees “waived” their ability to bring class action lawsuits against the company – unlike other agreements found unlawful by the Board that contained express…

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20 May 2015 NLRB WEEKLY SUMMARY OF DECISIONS, MAY 11 – 15, 2015

The Summary of NLRB decisions for the week of May 11 – 15, 2015, is now available on the NLRB’s website. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More Posts – Website

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13 May 2015 NLRB Advice Memo Provides Additional Guidance on Joint Employer Standard

As we covered this time last year, the NLRB invited briefs in a recent RC case, Browning-Ferris Industries, on the issue of joint employer status under the NLRA, signaling that that Board is considering jettisoning its 30-year precedent.  However, the Board has yet to issue a decision in that case, leaving continued uncertainty on this issue going forward.   This week, the NLRB Division of Advice provided some additional guidance when it released an Advice…

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13 May 2015 NLRB WEEKLY SUMMARY OF DECISIONS, MAY 4 – 8, 2015

The Summary of NLRB decisions for the week of May 4 – 8, 2015, is now available on the NLRB’s website. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More Posts – Website

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11 May 2015 NLRB WEEKLY SUMMARY OF DECISIONS, APRIL 27 – May 1, 2015

The Summary of NLRB decisions for the week of April 27 – May 1, 2015, is now available on the NLRB’s website. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More Posts – Website

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07 May 2015 Governor Pence Signs Bill Repealing Indiana Common Construction Wage

Yesterday, Indiana Governor Mike Pence signed House Enrolled Act 1019 which ended the common construction wage (also known as the “prevailing wage”) in Indiana. The bill passed the Senate by a vote of 27-22 and carried in the House by a vote of 54-40. A full copy of the bill can be found here. Adam BartromAdam Bartrom of the firm’s Labor and Employment Law Department collaborates with businesses to handle disputes and to create preventive…

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07 May 2015 NO PIN POLICY VIOLATES NLRA

The NLRB last week struck down a company’s policy which prohibited the wearing of pins, insignia or other image clothing finding that the policy violated Section 8(a)(1) of the NLRA.   Boch Imports, Inc.’s policy stated:  “Employees who have contact with the public may not wear pins, insignias or other message clothing.”  The employer justified the policy on the grounds that it was to prevent injury to employees and damage to vehicles.  Specifically, the employer…

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30 Apr 2015 NLRB WEEKLY SUMMARY OF DECISIONS, APRIL 20 – 24, 2015

The Summary of NLRB decisions for the week of April 20 – 24, 2015, is now available on the NLRB’s website. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More Posts – Website

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28 Apr 2015 Analysis of NLRB Elections Prior to the New Ambush Election Rules

The NLRB’s new election rules bring major changes to how union elections are run.  The NLRB’s rationale for making these changes largely is based upon the contention that employees’ free will has been frustrated by long delays at the NLRB that need to be corrected.     Barnes & Thornburg partner Scott Witlin examined the statistics behind those claims in a recent piece, How High Is Too Low: NLRB’s Revised Ambush Election Rule, published in the…

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22 Apr 2015 NLRB Signals It May Chip Away at Right to Work Laws

In a quiet move that did not seem to generate much coverage, on April 16, 2015, the NLRB invited interested parties to file briefs about whether it should permit unions to charge “fair share” fees to nonmembers despite right to work laws. Critics have already argued the NLRB’s move may be a reaction to the number of additional states who have passed right to work laws in recent years – now half of all states…

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