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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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22 Dec 2015 BT Labor Relations National Labor Relations Board Decisions 2015 Year-in-Review

Recent numbers show that unions currently only represent 6.6 percent of the private sector workforce. Despite that relatively small number, the National Labor Relations Board (Board) has been active this year, deciding many important cases impacting both union- and non-union employers alike. As the year comes to a close, it’s a good time to take a look back and review some of the Board’s more noteworthy and interesting decisions. We also included a few mentions…

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17 Dec 2015 NLRB WEEKLY SUMMARY OF DECISIONS, DECEMBER 7 – 11, 2015

The Summary of NLRB decisions for the week of December 7 – 11, 2015, is now available.   Summarized Board Decisions   Sub-Acute Rehabilitation Center at Kearny, LLC d/b/a Belgrove Post Acute Care Center  (22-CA-093626; 363 NLRB No. 61)  Kearny, NJ, December 9, 2015.   On December 21, 2012, the Acting General Counsel filed a Motion for Summary Judgment in this proceeding.  On December 26, 2012, the Board issued an order transferring the proceeding to…

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14 Dec 2015 Let The Chips Fall: When Is an Impasse An Impasse?

When is an impasse a legal impasse? That’s a decision that courts and the NLRB have kicked around for many years. Last week, the United States Court of Appeals for the D.C. Circuit affirmed an NLRB decision finding that an employer jumped the gun in declaring that an impasse had been reached largely because its conduct and statements at the table differed from post-bargaining letters declaring a last and final position and impasse.   In…

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11 Dec 2015 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 30 – DECEMBER 4, 2015

The Summary of NLRB decisions for the week of November 30 – December 4, 2015, is now available.   Summarized Board Decisions     U.S. Xpress Enterprises, Inc., and U.S. Xpress, Inc.  (10-CA-141407; 363 NLRB No. 46)  Chattanooga, TN, November 30, 2015.   Citing Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), and D.  R. Horton, Inc., 357 NLRB No. 184 (2012), a Board panel majority consisting of Chairman Pearce and Member Hirozawa adopted…

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07 Dec 2015 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 23 – 27, 2015

The Summary of NLRB decisions for the week of November 23 – 27, 2015, is now available.   Summarized Board Decisions     Professional Janitorial Service of Houston, Inc.  (16-CA-112850; 363 NLRB No. 35)  Houston, TX, November 24, 2015. 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), the Board affirmed the Administrative Law Judge’s findings that…

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02 Dec 2015 UAW Accused of Failing to Honor Michigan Right to Work Law

An autoworker in Michigan has filed an unfair labor practice charge with the NLRB accusing the United Auto Workers (UAW) of refusing his repeated requests to withdraw his membership and stop paying dues. According to a story in the Detroit News, the employee twice sent withdrawal notices to the UAW via certified mail, but the union declined his request to withdraw his membership. He alleges the union’s actions are in violation of Michigan’s right to work law…

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01 Dec 2015 Problems Persist With Teamsters’ Central State Pension Plan

  Most private sector employers do not offer defined benefit pension programs these days given the enormous costs they can impose. In addition, many pension plans currently in existence are severely underfunded, which means retirees drawing benefits – or future retirees planning to do so – may not get what they thought they would. The Teamsters’ Central State Pension Plan is one major pension fund that currently is facing financial difficulty. In fact, the U.S….

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30 Nov 2015 Micro-Unit Organizing & New NLRB Election Rules Mean Manufacturing Employers Must Be Vigilant

  Last week the NLRB took another step toward making it easier for unions to organize manufacturers. As has been widely reported, the United Auto Workers (UAW) has been trying any number of ways to organize the hourly production workers at a foreign auto producer’s manufacturing plant in Chattanooga, Tennessee. The UAW has used multiple tactics, including organizing on a European-based model, seeking the assistance and support of the employer’s European union, and having a…

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