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16 May 2016 U.S. Chamber of Commerce Publishes State Labor Law Reform Report

On May 12, the U.S. Chamber of Commerce published a detailed 48-page report analyzing various state laws that have been (or could be) enacted that impact labor relations at the state level. For example, the report discusses at length Right-to-Work laws, laws prohibiting the use of “project labor agreements” and “mass picketing” statutes. It is an interesting read, and a copy can be found here. David PryzbylskiDavid J. Pryzbylski’s interest in labor relations began early in…

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13 May 2016 The Latest in the NLRB Handbook Saga? Another Unlawful Recording Policy Fails to Pass Muster

Last month, the National Labor Relations Board (NLRB) yet again shed further light on its analysis – and increased scrutiny – of employers’ handbook policies.  The NLRB’s decision in T-Mobile USA, Inc., 363 NLRB No. 171 (Apr. 29, 2016), serves as a follow-up to an earlier decision with respect to rules restricting employees’ use of recording devices.  We talked about the T-Mobile decision in our post last week and thought we would continue the discussion…

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11 May 2016 DOL Defends Persuader Rule Claiming There Is No Threat to the Attorney-Client Privilege

On May 6, the Department of Labor (DOL) vigorously defended its revised and narrower interpretation of the “advice exception” in the Labor Management Reporting and Disclosure Act (LMRDA). In the final rule, the DOL announced on March 24 that it was changing its interpretation of the LMRDA’s “advice exception” and a number of law firms filed suit in the District Court of Minnesota (Labnet Inc. v. Perez, D. Minn. , No. 16-cv-844) seeking injunctive relief to…

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10 May 2016 AFL-CIO to Challenge West Virginia Right to Work Law

Yesterday, the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) gave the state of West Virginia’s attorney general and its acting labor commissioner a 30 day notice that it will challenge the constitutionality of the state’s Right to Work law.  Such notice is required under state law before any litigation can be filed and the notice sets up a legal fight over the controversial law.   In February, the West Virginia legislature overrode Governor Earl…

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07 May 2016 NLRB Disregards Corporate Entity and Holds Individual Owners Liable for CBA Violations

In a case from earlier this week, Bella Masonry LLC was held to be the alter ego of Ace Masonry Inc. dba Ace Unlimited and both companies were found to have violated Section 8(a)(5) of the Labor Management Relations Act. Accordingly, the two companies were ordered by the National Labor Relations Board (NLRB) to make whole the employees for any differences in their pay resulting from the employer’s violations and also to make whole certain union…

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06 May 2016 Don’t Gamble With Your Email Policy

In what is one of the National Labor Relations Board’s (NLRB) first applications of the Purple Communications decision, NLRB administrative law judge (ALJ) Mara-Louise Anzalone has struck down an email policy at the Rio All-Suites Hotel in Las Vegas.   The hotel’s employee handbook contained a policy entitled “Use of Company Systems, Equipment, and Resources.”  It stated in relevant part:   Computer resources may not be used to: Commit, aid or abet in the commission…

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03 May 2016 You Can’t Make Me Be Positive!

Apparently if you ask employees to maintain a positive workplace, you are acting unlawfully. At least, that’s the National Labor Relations Board’s (NLRB) view of it.   In a decision last week in T-Mobile USA, Inc. and Communications Workers of America and Communications Workers of America Local 7011, AFL–CIO, the board agreed with administrative law judge (ALJ) Christine E. Dibble and overturned several of T-Mobile’s handbook rules. But the board then went further than Judge…

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29 Apr 2016 Summary of NLRB Decisions for Week of April 11 – 15, 2016

The summary of NLRB decisions for the week of April 11 – 15 is now available.   Summarized Board Decisions   William Beaumont Hospital  (07-CA-093885; 363 NLRB No. 162)  Royal Oak, MI, April 13, 2016.   A Board panel unanimously found that the Respondent lawfully maintained work rules that, among other things, prohibited employees from:  making willful and intentional threats and engaging in intimidation, harassment, humiliation, or coercion of employees, physicians, patients, or visitors; using…

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27 Apr 2016 Summary of NLRB Decisions for Week of April 4 – 8, 2016

The summary of NLRB decisions for the week of April 4 – 8 is now available.   Summarized Board Decisions   Premier Utility Services, LLC, a wholly owned subsidiary of USIC Locating Services, LLC  (29-RC-159452 and 29-RC-159545; 363 NLRB No. 159)  Hauppauge, NY, April 5, 2016.   A Board panel majority consisting of Chairman Pearce and Member Hirozawa denied the Employer’s Request for Review of the Regional Director’s Supplemental Decision on Challenges and Objections and…

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21 Apr 2016 Ties Go to the Runner and the NLRB

There’s an oft-cited but unwritten rule in baseball that all ties go to the runner. The D.C. Circuit Court of Appeals this week applied that same concept in upholding a decision of the National Labor Relations Board (NLRB) finding that musicians for the Lancaster Symphony Orchestra in Pennsylvania were employees of the Orchestra and not independent contractors.   In Lancaster Symphony Orchestra v. NLRB, the D.C. Circuit Court of Appeals examined an NLRB decision from…

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