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10 May 2017 Judge Blocks Pilot Slowdown at Spirit Airlines

  Spirit Airlines secured a temporary restraining order on May 9 against the Air Lines Pilot Association (ALPA) that called for the pilots’ union to stop its alleged work slowdown against the carrier.   U.S. District Judge William P. Dimitrouleas issued the emergency order, saying that Spirit “will suffer immediate and irreparable damage in the form of damage to its business reputation and customer goodwill, increased costs for measures designed to avoid flight delays and…

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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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28 Oct 2016 White House Launches Website Encouraging Workers to Protect Their Rights, Including Union Organizing Rights, By Filing Charges/Complaints Against Employers

  Today, the White House launched a new website, worker.gov, that makes it easier for employees to file charges and complaints against their employers.   The new website promotes employee rights and the filing of claims, including a strong emphasis on union organizing rights. It is a collaboration between the Department of Labor, the National Labor Relations Board, the Department of Justice and the Equal Employment Opportunity Commission, with a stated goal of giving “workers…

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08 Aug 2016 Employers’ Role In Decertification Efforts Continue To Receive Intense Scrutiny

  Decertification petitions are a mechanism under which employees can vote to get rid of their union in the workplace. Employers’ efforts during employees’ decertification efforts, however, always receive much scrutiny from the National Labor Relations Board (NLRB).   The NLRB generally only permits “ministerial aid” by an employer prior to the filing of a petition (e.g., an employer may be able to answer technical questions about the timing for filing such a petition in…

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18 Apr 2016 GOP Moves to Block New Persuader Rule

Rep. Bradley Byrne (R-AL) has introduced a resolution (H.J. Res. 87) to block the implementation of the Department of Labor’s new “Persuader” Rule. The resolution is made pursuant to the Congressional Review Act and seeks to block the rule which is scheduled to go into effect on April 25.   Critics of the new rule argue that the regulation will make it harder for employers to communicate with employees and undermine the right of workers…

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23 Mar 2016 DOL Publishes Final Persuader Rule

  The U.S. Department of Labor (DOL) has published its long-awaited final rule regarding “persuaders” hired by employers during union organizing campaigns. The text of the full rule (clocking in at 446 pages) can be found here.   The rule essentially rewrites (although, the DOL uses the word “realigns”) the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). As stated by the DOL, “This Final Rule requires that employers and the consultants they hire file reports…

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12 Jan 2016 Court Poised to Strike Down Union Agency Fees for Public Employees?

  The U.S. Supreme Court, in argument on Jan. 11, from all accounts appears poised to strike down its prior decision in Abood v. Detroit Board of Education and conclude that mandatory agency fees paid by public employees to unions that represent them are unconstitutional.   In Friedrichs v. California Teachers Association, the petitioners contend that mandatory fair share dues to cover the cost of collective bargaining and other representational activities violate the free-speech rights…

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31 Dec 2014 Right to Work Battle Not Over in Indiana?

Despite the recent Indiana Supreme Court and 7th Circuit rulings upholding the constitutionality of Indiana’s Right to Work Act under both the state and federal constitutions, the Indiana Lawyer is reporting today that the battles might not yet be over. The publication quotes Dale Pierson, general counsel for the International Union of Operating Engineers Local 150, that the union decided to go ahead with a petition for review en banc by the full 7th Circuit…

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11 Dec 2014 NLRB HACKS EMAIL SYSTEMS OF EVERY BUSINESS IN THE U.S.

Earlier today, the NLRB reversed existing precedent and granted all employees the right to use their employer’s email systems for union organizing and other forms of protected concerted activity. In Purple Communications, Inc., the employer’s policy limited employee use of its email and other electronic systems to “business purposes only” and “specifically prohibit[ing]” certain uses by employees. While the employer had a policy that all parties acknowledged complied with existing law, the Board  reversed course, declaring…

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30 Sep 2014 Michigan Court of Appeals Dismisses Home Care Workers Lawsuit Against SEIU as Moot After SEIU Voluntarily Pays Back Union Dues

  Although the law on unionization of Michigan home health care workers changed more than two years ago, the repercussions of SEIU’s representation of these workers continue.  Earlier this month, the Michigan Court of Appeals dismissed a lawsuit that had been filed by home-based caregivers seeking return of the union dues paid to SEIU.  The Court of Appeals found that the lawsuit was moot, because SEIU had voluntarily paid back the dues amounts to the…

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