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16 Jul 2015 No Good Deed Goes Unpunished: Teamsters Sue Airline…FOR PAYING OUT EMPLOYEE BONUSES!

In an unusual move last week, the Teamsters union sued a regional airline in Indianapolis because the company, without bargaining, allegedly paid out bonuses to the pilots the union represents, and also allegedly started offering higher pay rates than what was contained in the parties’ collective bargaining agreement. Technically, employers must bargain any changes to terms and conditions of union employees’ employment – whether favorable or unfavorable. As a practical matter, however, most unions do…

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14 Jul 2015 NLRB WEEKLY SUMMARY OF DECISIONS, JUNE 22 – 26, 2015

The Summary of NLRB decisions for the week of June 22 – 26, 2015, is now available.   Summarized Board Decisions King’s Fire Protection, Inc. and its alter ego Warrior Sprinkler, LLC  (05-CA-036094 and 05-CA-036312; 362 NLRB No. 129)  Mechanicsburg, PA, June 23, 2015.   In view of the Supreme Court’s decision in NLRB v. Noel Canning, 134 S.Ct. 2550 (2014), the Board considered de novo the Administrative Law Judge’s decision and order.  For the…

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13 Jul 2015 Common Sense Sometimes Matters

With that deft opening to its opinion, the D.C. Circuit Court of Appeals last week overturned yet another controversial decision of the National Labor Relations Board which prohibited AT&T Connecticut from barring its technicians from wearing t-shirts into customer homes that portrayed themselves as prisoners of their employer.   The company had banned its employees who go into customer homes or otherwise interact with the public from wearing t-shirts that said “Inmate” on the front…

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13 Jul 2015 Fees For Union Services Still Prohibited In “Right-to-Work States”… At Least For Now

As previously reported on the blog, the NLRB was planning on revisiting its precedent that makes it illegal for unions to charge “fees” to non-dues paying members in right-to-work states for processing grievances and other “services” the unions may provide. Unions often refer to these as “fair share” fees. The issue was before the board in the case United Steel, Paper and Forestry  Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 1192…

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09 Jul 2015 Is The Supreme Court Primed to Create “Right-to-Work” for Public Employees Nationwide?

State Right-to-Work laws generally allow any employee to opt out of paying union dues completely. As we have previously covered, such laws, which traditionally have been popular in the South, more recently have been adopted by the state legislatures in “rust belt” states traditionally viewed as bastions of organized labor such as Indiana, Michigan, and Wisconsin. In some jurisdictions, even local municipalities have taken to passing such measures, something the NLRB is likely to challenge….

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09 Jul 2015 PROMISE OF CONFIDENTIALITY – NOT SO FAST New NLRB Witness Statement Confidentiality Rule Confirmed and Now in Effect

In December 2012, the NLRB reversed the 1978 ruling of the Board in Anheuser-Busch, Inc., 237 NLRB 982 (1978), where the full Board (without dissent) held that employee witness statements received by employers were exempt from disclosure when requested by a union. See Piedmont Gardens, 359 NLRB No. 46 (2012). The 2014 Supreme Court decision in NLRB v. Noel Canning invalidated that 2012 decision along with more than 700 other reported and unreported decisions of…

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07 Jul 2015 NLRB REVOLVING DOOR: NLRB to Reconsider its Position on Including Temporary Employees in Bargaining Units

It appears the NLRB may again be poised to “flip flop” on whether temporary employees may be included in a petitioned for bargaining unit of the employer’s regular workforce.  The issue is pending before the NLRB in the case of Miller & Anderson, Inc. (05-RC-079249).   The current NLRB rule does not permit the inclusion of temporary employees in a petitioned for unit of an employer’s regular employees absent consent.  This has been the law…

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30 Jun 2015 NLRB WEEKLY SUMMARY OF DECISIONS, JUNE 15 – 19, 2015

The Summary of NLRB decisions for the week of June 15 – 19, 2015, is now available.   Ozburn-Hessey Logistics, LLC  (15-CA-109236; 362 NLRB No. 118)  Memphis, TN, June 15, 2015 On May 2, 2013, the Board issued a Decision, Order, and Direction in a consolidated unfair labor practice and representation case, reported at 359 NLRB No. 109 (2013), adopting the administrative law judge’s decision, including his resolution of challenged ballots and ordering that certain…

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29 Jun 2015 Can Graduate Assistants Organize? Columbia University Effort Could Result in the Reversal of the Brown Decision

In 2004, the NLRB decided that graduate student teaching assistants at Brown University did not have the right to organize as a union because they had a predominantly academic, rather than employment relationship with their private university. The UAW now appears to have teed up a new case involving graduate assistants at Columbia University that could result in a reversal of the Brown holding by the NLRB.   The union has petitioned the board to…

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19 Jun 2015 NLRB WEEKLY SUMMARY OF DECISIONS, JUNE 8 – 12, 2015

The Summary of NLRB decisions for the week of June 8 – 12, 2015, is now available.   Summarized Board Decisions   1621 Route 22 West Operating Company, LLC d/b/a Somerset Valley Rehabilitation and Nursing Center  (22-CA-029599, et al.; 362 NLRB No. 113)  West Boundbrook, NY, June 11, 2015.   Following the Supreme Court’s decision in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), the Board considered de novo the Administrative Law Judge’s decision,…

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