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31 Aug 2015 The Hits Keep On Coming: NLRB Ruling Makes It Easier For Unions To Establish “Joint-Employers” Under The NLRA

Given that unions currently only represent 6.6 percent of the private sector workforce, the National Labor Relations Board (NLRB) increasingly is vetting any and all avenues to enlarge that number. We recently have seen those efforts with the new “ambush election rules,” “micro-unit” decisions, and increased scrutiny of non-union employer policies. The NLRB now has delivered yet another blow to employers by issuing a ruling that will make it easier for unions to establish that…

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25 Aug 2015 NLRB WEEKLY SUMMARY OF DECISIONS, AUGUST 10 – 14, 2015

The Summary of NLRB decisions for the week of August 10 – 14, 2015, is now available.   Summarized Board Decisions Countrywide Financial Corporation (31-CA-072916; 362 NLRB No. 165) Calabasas, CA, August 14, 2015. Applying D.R. Horton, Inc., 357 NLRB No. 184 (2012), enf. denied in relevant part 727 F.3d 344 (5th Cir. 2013) and U-Haul Co. of California, 347 NLRB 375 (2006), enfd. 255 Fed. Appx. 527 (D.C. Cir. 2007), a Board panel majority…

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20 Aug 2015 NLRB WEEKLY SUMMARY OF DECISIONS, AUGUST 3 – 7, 2015

The Summary of NLRB decisions for the week of August 3 – 7, 2015, is now available.   Summarized Board Decisions Student Transportation of America, Inc. (04-RC-113131; 362 NLRB No. 156) Levittown, PA, August 3, 2015. The Board agreed with the judge’s recommendation to overrule challenges to the ballots of two employees.  A Board panel majority consisting of Members Hirozawa and McFerran found that a vice president of the Employer implicitly threatened unit employees with…

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11 Aug 2015 More NLRB Cases May Be In Jeopardy Based On DC Circuit’s Ruling Invalidating Most Of Former GC’s Tenure

Last week, the DC Circuit Court of Appeals issued a ruling in a case that potentially calls into question many NLRB cases that were initiated by the board’s former General Counsel (GC), Lafe Solomon. The court evaluated whether Solomon’s service in the GC role violated the Federal Vacancies Reform Act (FVRA).   Solomon initially was appointed to temporarily fill the role in June 2010; was formerly nominated by President Obama to fill the position in…

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07 Aug 2015 NLRB WEEKLY SUMMARY OF DECISIONS, JULY 27 – 31, 2015

The Summary of NLRB decisions for the week of July 27 – 31, 2015, is now available.   Summarized Board Decisions Constellation Brands, U.S. Operations, Inc. d/b/a Woodbridge Winery  (32-CA-148431; 362 NLRB No. 151)  Acampo, CA, July 29, 2015. The Board granted the General Counsel’s motion for summary judgment in this refusal-to-bargain test-of-certification case on the ground that the Respondent did not raise any issues that were not, or could not have been, litigated in…

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04 Aug 2015 NLRB WEEKLY SUMMARY OF DECISIONS, JULY 20 – 24, 2015

The Summary of NLRB decisions for the week of July 20 – 24, 2015, is now available.   Summarized Board Decisions Oakland Physicians Medical Center, LLC d/b/a Doctors’ Hospital of Michigan  (07-CA-120931; 362 NLRB No. 149)  Pontiac, MI, July 22, 2015. A Board majority consisting of Chairman Pearce and Member McFerran adopted the Administrative Law Judge’s findings that deferral to arbitration was inappropriate and that the Respondent violated Section 8(a)(5) and (1) of the Act…

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31 Jul 2015 NLRB: Filing an FLSA Collective Action is Protected Concerted Activity

The NLRB determined this week that an individual who filed a collective action FLSA claim in federal court was engaged in protected concerted activity – even if no other employees asked him to do it.   NLRB Chairman Mark Gaston Pearce and Member Lauren McFerran agreed in the case of 200 E. 81st Rest. Corp., 362 N.L.R.B. No. 152 (7/29/15), that the individual employee’s action was protected concerted activity and that the employer’s post-filing firing…

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31 Jul 2015 Michigan Supreme Court Throws Out Public Employee Agency Shop Fees

In a 4-3 opinion released this week, the Michigan Supreme Court invalidated a State Civil Service Commission rule which allowed for public sector collective bargaining agreements to require collection of a mandatory service fee, also known as an “agency shop fee,” from union-eligible employees who opted out of union membership.  A copy of the opinion can be found here.   In sum, the majority found the imposition of the agency shop fee (even though paid…

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21 Jul 2015 NLRB WEEKLY SUMMARY OF DECISIONS, JULY 6 – 10, 2015

The Summary of NLRB decisions for the week of July 6 – 10, 2015, is now available.   Summarized Board Decisions SBM Management Services  (05-CA-129128 and 05-RC-126500; 362 NLRB No. 144)  Elkton, VA, July 8, 2015. The Board affirmed the Administrative Law Judge’s findings that the Respondent violated Section 8(a)(1) and engaged in objectionable conduct by distributing bonuses to 11 employees in a bargaining unit of approximately 35 employees during the critical period.  The Board…

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16 Jul 2015 NLRB WEEKLY SUMMARY OF DECISIONS, JUNE 29 – July 2, 2015

The Summary of NLRB decisions for the week of June 29 – July 2, 2015, is now available.   Summarized Board Decisions   East Market Restaurant, Inc.  (02-CA-120982, et al., 362 NLRB No. 143)  New York, NY, June 30, 2015. The Board granted the General Counsel’s motion for default judgment based on the Respondent’s withdrawal of its answer to the complaint.  Accordingly, the Board found that the Respondent violated Section 8(a)(4), (3), and (1) by…

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