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13 Mar 2017 Summary of NLRB Decisions for Week of Feb. 27 – March 3

  The summary of NLRB decisions for the week of Feb. 21-24 is now available.   Summarized Board Decisions No Published Decisions Issued.   *** Unpublished Board Decisions in Representation and Unfair Labor Practice Cases R Cases Queen of the Valley Medical Center  (20-RC-185503)  Napa, CA, February 28, 2017.  The Board denied the Employer’s Request for Review of the Order by Acting Regional Director under NLRB Rule 102.66(c) Concerning Issues to be Litigated at Hearing,…

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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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08 Aug 2016 Summary of NLRB Decisions For Week of July 25 – 29

The summary of NLRB decisions for the week of July 25 – 29 is now available.   Summarized Board Decisions   Oberthur Technologies of America Corporation  (04-CA-160992; 364 NLRB No. 59)  Exton, PA, July 27, 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,…

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15 Feb 2016 NLRB WEEKLY SUMMARY OF DECISIONS, Jan. 19 – 22, 2016

  The summary of NLRB decisions for the week of Jan. 19-22 is now available.   Summarized Board Decisions   Century Fast Foods, Inc.  (31-CA-116102; 363 NLRB No. 97)  Chatsworth, CA, January 20, 2016. Applying Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), enf. denied in part, Murphy Oil USA, Inc., v. NLRB, No. 14-60800 (5th Cir. Oct. 26, 2015) and D.R. Horton, Inc., 357 NLRB No. 184 (2012), enf. denied in relevant part…

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25 Nov 2015 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 16 – 20, 2015

The Summary of NLRB decisions for the week of November 16 – 20, 2015, is now available.   Summarized Board Decisions     Alcoa, Inc. and Alcoa Commercial Windows, LLC d/b/a TRACO, a single employer  (06-CA-065365; 363 NLRB No. 39)  Cranberry Township, PA, November 16, 2015.   The Board unanimously adopted the Administrative Law Judge’s finding that Alcoa Inc. and Traco are a single employer and violated 8(a)(1) by denying off-duty and off-site Alcoa Inc….

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09 Jun 2015 The Aftermath of “Ambush” Elections – Union Petitions Increase, Median Time to Election Decreases During First Month of Controversial Rule

As we have previously covered, the NLRB’s controversial “ambush” or “quickie” election rules went into effect April 14 of this year after a protracted legal battle. According to the NLRB, the controversial rules were intended to “streamline and modernize the representation case process and eliminate unnecessary litigation and delay.” But for many employers, the rules seem to be an unnecessary acceleration of the election process — one that unions have embraced to their advantage.  …

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10 Apr 2014 NLRB Weekly Summary of Decisions, March 31-April 4, 2014

  The Summary of NLRB decisions for the week of March 31 – April 4, 2014 is now available on the NLRB’s website. The summary can be accessed by clicking the link below.   http://www.nlrb.gov/cases-decisions/weekly-summaries-decisions/summary-nlrb-decisions-week-march-31-april-4-2014   Gerald LutkusGerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is a member of the firm’s Labor and Employment Law and Litigation Departments. He practices in the areas of…

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20 Mar 2014 Law on Unionization of Home Care Workers Continues to Shift

A new report from the National Women’s Law Center (“NWLC”) issued March 18 confirms that the law continues to shift on the unionization of home care workers, including child care and health care providers.  The employment status of these workers, who are often considered self-employed but in some cases receive payment for their services through government programs like Medicare/Medicaid, raises questions about whether they can be considered public employees for the purposes of unionization.  The…

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19 Feb 2014 Not So Final and Binding – The NLRB Proposes Changes to Arbitration Deferral Policy

On Feb. 7, 2014, the National Labor Relations Board invited parties to submit comments on its deferral to arbitration standard. While reported and discussed in some outlets, the significance of this development may not be fully appreciated. The change being suggested by the NLRB could significantly impact what “final and binding” arbitration will mean. It appears the NLRB is very serious about narrowing the standard under which it will defer to an arbitration award, proposing to…

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13 Feb 2014 Northwestern Football and the NLRB: Hearing Start This Week

The Chicago Tribune is reporting this morning that the hearing has started on whether football players at Northwestern University can be members of a union and be recognized under the National Labor Relations Act. The Tribune story can be accessed online here.   The issue of course is whether the players can be categorized as employees under the NLRA. The University and the NCAA are arguing that the players are students and not employees and…

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