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02 Nov 2015 Employer Off-Duty Access Rule Roadmap (Kinda): NLRB Approves Off-Duty Access Rule But Finds Discrimination In Employer Application of That Rule

In Marina Del Ray Hospital, 31-CA-029929 (Oct. 22, 2015), the NLRB upheld a hospital’s off-duty access policy as lawful on its face, but then concluded that the hospital applied the policy in a discriminatory manner by permitting social events while barring meetings with union representatives.  Relying upon Tri-County Medical Center, 222 NLRB 1089 (1976), the NLRB confirmed that employers may maintain off-duty employee access policies so long as they are “limited to the interior of…

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30 Oct 2015 Better Late Than Never? In Election Using Mailed-In Ballots, NLRB Says Postal Service Failure Is No Excuse for Late Ballots

Recent posts have discussed in great detail the Board’s new election rules and how they have already begun to impact employers, including our post earlier this week about voter eligibility lists. In a recent Board decision, however, the Board relied on its old precedent to uphold election results and deny an employer’s request for review.   In Classic Valet Parking, Inc., No. 29-RC-148399 (N.L.R.B. Oct. 23, 2015), an employer sought review of a regional director’s decision…

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30 Oct 2015 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 19 – 23, 2015

The Summary of NLRB decisions for the week of October 19 – 23, 2015, is now available.   Summarized Board Decisions   Marina Del Rey Hospital  (31-CA-029929, et al.; 363 NLRB No. 22)  Marina Del Rey, CA, October 22, 2015. A Board panel unanimously found that the Respondent’s off-duty employee access policy was lawful on its face, but that the Respondent violated the Act by applying the policy in a discriminatory manner against those employees…

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29 Oct 2015 Arbitration Agreement “Take Two”: Fifth Circuit Refuses to Revisit D.R. Horton in Murphy Oil Case

In Murphy Oil USA v. NLRB, No. 14-60800 (5th Cir. Oct. 26, 2015), the Fifth Circuit once again followed its decision in D.R. Horton, Inc., 737 F.3d 344 (5th Cir. 2013). In the earlier D.R. Horton case the Fifth Circuit held, contrary to the NLRB’s decision in 357 NLRB 184 (2012), that arbitration agreements that waive an employee’s right to pursue class and collective claims in all forums do not violate the National Labor Relations Act. Employer…

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28 Oct 2015 Another NLRB Flip-Flop in the Works: Unions Seek to Organize College and University Graduate Assistants

It appears the NLRB may be poised to reverse Brown University, 342 N.L.R.B. 483 (2004) and use its decisional law to expand its jurisdiction. In Brown the Bush Board categorically held that graduate student assistants are not employees within the meaning of the National Labor Relations Act. The Board in Brown had emphasized the fact that the students’ relationships with the university were predominantly academic, rather than employment-related. Most recently the holding in Brown was…

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27 Oct 2015 An NLRB Hobgoblin: NLRB Excelsior List Requirement Expanded Under Interpretation of Board’s New Election Procedure Rule

The NLRB’s New Election Procedure Rule (here and here) vastly expands the requirements placed on employers as part of the union election process. Employers worried that the expanded requirements would provide new and multiple avenues for unions’ to object to negative election results. The case discussed below demonstrates those fears were not unfounded.   One expansion of the NLRB’s election rule procedures was that related to the Excelsior List/Voter Eligibility List requirement. This is the list…

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20 Oct 2015 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 13 – 16, 2015

The Summary of NLRB decisions for the week of October 13 – 16, 2015, is now available.   Unpublished Board Decisions in Representation and Unfair Labor Practice Cases   R Cases   Didlake, Inc.  (05-RC-149149)  Arlington, VA, October 16, 2015.  No exceptions having been filed to the Regional Director’s overruling of an objection to an election held May 11, 2015, the Board adopted the Regional Director’s findings and recommendations, and certified that a majority of…

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15 Oct 2015 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 5 – 9, 2015

The Summary of NLRB decisions for the week of October 5 – 9, 2015, is now available.   Unpublished Board Decisions in Representation and Unfair Labor Practice Cases   C Cases RGIS, LLC  (28-CA-136313)  Mesa, AZ, October 8, 2015.  Order granting the joint motion of the Respondent, the Charging Party, and the General Counsel to waive a hearing and decision by an administrative law judge and to transfer the proceedings to the Board for a…

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12 Oct 2015 NLRB WEEKLY SUMMARY OF DECISIONS, SEPTEMBER 28 – OCTOBER 2, 2015

The Summary of NLRB decisions for the week of September 28 – October 2, 2015, is now available.   Summarized Board Decisions   United States Postal Service  (18-CA-142795; 363 NLRB No. 16)  Minneapolis, MN, September 29, 2015. The Board denied the General Counsel’s motion for summary judgment.  In a footnote, Member Miscimarra observed that the General Counsel alleges that Respondent’s rule regarding the “Interception of Oral or Wire Communications by Postal Employees” violates Section 8(a)(1). …

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02 Oct 2015 NLRB WEEKLY SUMMARY OF DECISIONS, SEPTEMBER 21 – 25, 2015

The Summary of NLRB decisions for the week of September 21 – 25, 2015, is now available.   Summarized Board Decisions   International Longshore and Warehouse Union, AFL-CIO, and International Longshore and Warehouse Union, Local 8, AFL-CIO, and International Longshore and Warehouse Union, Local 40, AFL-CIO (ICTSI, Inc.)  (19-CC-082533, et al.; 363 NLRB No. 12)  Portland, OR, September 24, 2015.   A unanimous panel of the Board affirmed the Administrative Law Judge’s findings that Respondent…

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