Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
0

24 Mar 2016 Obama Supreme Court Nominee and the NLRB

  If you are interested in how President Obama’s nominee to the Supreme Court may rule on labor issues, both the Wall Street Journal (subscription required) and Politico have published recent stories about Judge Merrick Garland’s record on the District of Columbia Circuit.   Also, in the “On Labor” blog, author Hannah Belitz prepared a very thorough analysis of Judge’s Garland’s judicial record on NLRB cases. In her review, she found, “Between 1997 and 2016, Judge…

READ MORE
0

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…

READ MORE
0

22 Mar 2016 Summary of NLRB Decisions for Week of Feb. 22-26, 2016

The summary of NLRB decisions for the week of Feb. 22-26 is now available.   Summarized Board Decisions   Alternative Entertainment, Inc.  (07-CA-144404; 363 NLRB No. 131)  Bryon Center, MI, February 22, 2016.   The Board affirmed the judge’s findings that the Respondent violated Section 8(a)(1) by:  (a) maintaining a handbook rule prohibiting the unauthorized disclosure of employee compensation and salary information; (b) prohibiting an employee from discussing changes to compensation with his coworkers; and…

READ MORE
0

21 Mar 2016 Summary Data Released by NLRB Confirms Its “Ambush Election Rules” Truncate Time Between Petition, Election

  As of Jan. 14, the National Labor Relation Board’s (NLRB) infamous “ambush election rules” had been in effect for three quarters. The NLRB recently conducted a review and analysis of union election data during those quarters and published its findings. The report offers data related to the new rules from April 14, 2015, through Jan. 14, 2016, and compares that data against petitions and elections that occurred under the prior rules from April 14, 2014,…

READ MORE
0

18 Mar 2016 Summary of NLRB Decisions for Week of Feb. 16-19, 2016

  The summary of NLRB decisions for the week of Feb. 16-19 is now available.   Summarized Board Decisions   Vince & Sons Co. and Jo Mo Enterprises, Inc. d/b/a Vince & Sons Pasta, alter-ego and/or Golden State Successor  (13-CA-123828; 363 NLRB No. 121)  Bridgeview, IL, February 17, 2016. The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the compliance specification.  Accordingly, the Board…

READ MORE
0

18 Mar 2016 Burrito Bowls, Guacamole, &. . .Tweets? NLRB Judge Finds Social Media Policy Unlawful

  There’s more bad news this week for restaurant chain Chipotle Mexican Grill, but this time it has nothing to do with the food.   Last year, we heard about an NLRB decision upholding an administrative law judge’s (ALJ) finding that the restaurant had committed an unfair labor practice. According to the decision, Chipotle had allegedly threatened and interrogated employees who engaged in discussions about their pay. The employee at issue in the case had worked…

READ MORE
0

17 Mar 2016 Right-to-Work – Union Shenanigans and Another State (Colorado) In Play

  As previously reported, West Virginia recently became the 26th state to pass a Right-to-Work law, which generally prohibits forced union membership by outlawing union security provisions in collective bargaining agreements. However, in states with Right-to-Work laws, even if the employee has opted out of paying dues, unions still have an obligation to represent employees covered by their collective bargaining agreements in grievance procedures.   NLRB Responses to Right-to-Work:   Right-to-Work legislation is permitted under…

READ MORE
0

16 Mar 2016 NLRB Activism Has A Cost: Budget Shortfalls and NLRB’s “Belt Tightening”

  The National Labor Relations Board’s (NLRB) Associate General Counsel Anne Purcell recently issued an Operations Management Memo OM 16-09, which describes how the NLRB plans on addressing its budget shortfall.   As has been widely reported over the last number of years, the NLRB has been exceedingly active in numerous ways, including: changing the basic groundwork of its long standing union election rules; going to Complaint on all types of employer handbook rules; vigorously…

READ MORE
0

07 Mar 2016 Summary of NLRB Decisions for Week of Feb. 8 – 12, 2016

  The summary of NLRB decisions for the week of Feb. 8-12 is now available.   Summarized Board Decisions   G4S Government Solutions, Inc., d/b/a WSI Savannah River Site, a/k/a WSI-SRS  (10-RC-126849; 363 NLRB No. 113)  Barnwell, SC, February 10, 2016. A Board panel majority consisting of Chairman Pearce and Member Hirozawa affirmed the Regional Director’s finding that the Employer failed to establish that the petitioned-for lieutenants are statutory supervisors.  The majority found that the…

READ MORE
0

01 Mar 2016 Summary of NLRB Decisions for Week of Feb. 1 – 5, 2016

  The summary of NLRB decisions for the week of Feb. 1-5 is now available.     Summarized Board Decisions   Waffle House, Inc.  (10-CA-121178; 363 NLRB No. 104)  Norcross, GA, February 1, 2016. Applying its decisions in 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 part 808 F.3d 1013 (5th Cir. 2015), a Board panel majority…

READ MORE