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26 Jan 2016 NLRB’s New Joint-Employer Standard To Be Put To The Test In Federal Court

  As previously reported by the blog and widely throughout mainstream media, last year the NLRB significantly altered its standard for evaluating whether staffing companies and their customers constitute as “joint-employers” under the NLRA. Under the NLRB’s old test for finding “joint-employer status,” the NLRB found such status “where two separate entities share or codetermine those matters governing the essential terms and conditions of employment.” TLI, Inc., 271 N.L.R.B. 798, 798 (1984).  Additionally, “there must…

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21 Jan 2016 Law Professors Petition for New NLRB Rule: Union “Captive Audience” Meetings

  In a recent petition filed before the NLRB, 106 academic professors of labor and employment relations law submitted a request for the Board to adopt a new rule pertaining to “captive audience” meetings. The term “captive audience” meeting describes employer meetings with employees during a union campaign which allow management to discuss their views on unionization. Typically employers require employee attendance and hold the meetings on working time. Considering the meetings occur during working…

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21 Jan 2016 NLRB WEEKLY SUMMARY OF DECISIONS, December 28 – 31, 2015

The summary of NLRB decisions for the week of December 21-24, 2015, is now available.   Summarized Board Decisions   Shawnee Ready-Mix Concrete & Asphalt Co., Inc.  (04-CA-147344; 363 NLRB No. 88)  Plymouth, PA, December 30, 2015. Pursuant to the noncompliance provisions of an informal settlement agreement, the Board granted the General Counsel’s motion for default judgment.  Accordingly, the Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to pay…

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15 Jan 2016 Browning-Ferris “All In” On Joint Employer Battle With NLRB

Browning-Ferris (“BFI”) appears to have moved all of its chips into the middle of the table and is “all in” in poker parlance in its battle with the NLRB over the Board’s new approach to “joint employer” liability.   As we have discussed on this blog, a Teamster organizing campaign brought against BFI and Leadpoint, the temporary staffing company that supplies BFI with employees for its recycling facility in Milpitas, California, gave the NLRB the…

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13 Jan 2016 NLRB WEEKLY SUMMARY OF DECISIONS, December 21 – 24, 2015

  The Summary of NLRB decisions for the week of December 21-24, 2015, is now available.   Summarized Board Decisions   SolarCity Corp.  (32-CA-128085; 363 NLRB No. 83)  San Mateo, CA, December 22, 2015. Affirming the administrative law judge’s application of D. R. Horton, Inc., 357 NLRB No. 184 (2012), enf. denied in relevant part 737 F.3d 344 (5th Cir. 2013) and Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), enf. denied in relevant…

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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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05 Jan 2016 Another One Bites the Dust: NLRB Invalidates Another Widely-Used Personnel Policy

  Over the last few years, employers have seen the National Labor Relations Board (NLRB) strike down social media policies, email policies, workplace disruption policies and various other “work rules” that are common in workplaces across the country. On Dec. 24, the NLRB struck down yet another one. In Whole Foods Market, Inc., 363 NLRB No. 87 (2015), the Board held that an employer’s prohibition on the use of recording devices in the workplace to…

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30 Dec 2015 NLRB WEEKLY SUMMARY OF DECISIONS, DECEMBER 14 – 18, 2015

The Summary of NLRB decisions for the week of December 14 – 18, 2015, is now available.   Summarized Board Decisions   One Sustainable Method Recycling, LLC  (15-CA-147008; 363 NLRB No. 67)  Little Rock, AR, December 14, 2015. The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the complaint allegations.  The complaint alleged that the Respondent, because of the employees’ protected concerted activities, told…

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28 Dec 2015 It Looks Like the Supreme Court will Disapprove of the NLRB’s Continued Attack On Class Action Waivers…But When Will We Know For Sure?

Earlier this month in DIRECTV, Inc. v. Imburgia, the U.S. Supreme Court cited its own precedent and concluded that courts must enforce waiver provisions in arbitration agreements that prohibit the formation of class actions – even if “the law of your state” otherwise dictates that these provisions should be invalidated. This ruling is consistent with many other decisions by the court in recent years holding that “class action waivers” are lawful. While many of these…

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23 Dec 2015 Michigan Teacher’s Unions Lose Numbers (And Their Dues) Under Michigan Right-To-Work Law

Recent data from Michigan’s two largest teacher unions demonstrates the profound impact Michigan’s Right-to-Work law has had. According to two recent articles, since the law was signed in 2012, the right to withdraw and no longer pay dues has heavily impacted Michigan’s largest teachers’ unions, the Michigan Education Association (MEA) and the American Federation of Teachers-Michigan. Since 2012, the MEA has lost 23,000 dues-paying members. The smaller American Federation of Teachers has also lost 4,800…

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