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02 Oct 2015 Is there a UAW Strike Looming? UAW Members Reject Fiat-Chrysler Deal and the UAW Appears Ready to Target Ford Next

The United Auto Worker (UAW) negotiations with Fiat-Chrysler, the fourth-largest U.S. automaker, have taken a sudden turn for the worse. Despite the back-slapping between UAW President Dennis Williams and Fiat-Chrysler CEO Sergio Marchionne just weeks ago, the rank-and-file voted down a tentative four-year agreement by 65 percent. This is the first major UAW contract rejected by workers since the 1980s. Some critics are asking what prompted the workers’ rejection of the deal, considering it included…

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30 Sep 2015 When Will the Other Shoe Drop? NLRB May Hand Down Second Blow after Browning-Ferris

Employers are just beginning to deal with the effects of the NLRB’s Browning-Ferris decision, but signs indicate that the Board may soon decide a second major case regarding joint employers. As our team recently explained here, Browning-Ferris changed the Board’s “joint employer” test. Under the new test, it is effectively much easier for the Board to find a company and a staffing agency, for example, to be joint employers with shared liabilities and duties under…

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30 Sep 2015 NLRB: Not-for Profit Canvassers Are Not Independent Contractors

Canvassers for a Minneapolis-based not-for-profit were found last week by the NLRB to be employees and not independent contractors.  In so ruling, the board reversed an administrative law judge’s ruling to the contrary and applied its new standard from FedEx Home Delivery, 361 NLRB No. 55 (2014), in which the board “restated and refined” the analysis for evaluating whether individuals are employees or independent contractors.   In coming to this conclusion, the board summarized the…

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25 Sep 2015 NLRB WEEKLY SUMMARY OF DECISIONS, SEPTEMBER 14 – 18, 2015

The Summary of NLRB decisions for the week of September 14 – 18, 2015, is now available.   Summarized Board Decisions   Remington Lodging & Hospitality, LLC d/b/a The Sheraton Anchorage  (19-CA-032599, et al.; 363 NLRB No. 6)  Anchorage, AK, September 15, 2015.   The Board affirmed the Administrative Law Judge’s findings that the Respondent violated Sections 8(a)(1), (3), (4), and (5) as alleged in the complaint, including by disciplining and discharging an employee and…

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18 Sep 2015 NLRB WEEKLY SUMMARY OF DECISIONS, SEPTEMBER 8 – 11, 2015

The Summary of NLRB decisions for the week of September 8 – 11, 2015, is now available.   Summarized Board Decisions Palmetto Prince George Operating, LLC d/b/a Prince George Healthcare Center  (10-CA-154373; 363 NLRB No. 5) Georgetown, SC, September 8, 2015. The Board granted the General Counsel’s motion for summary judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated…

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14 Sep 2015 NLRB WEEKLY SUMMARY OF DECISIONS, AUGUST 31 – SEPTEMBER 4, 2015

The Summary of NLRB decisions for the week of August 31 – September 4, 2015, is now available.   Summarized Board Decisions Eschelon Financial Services, LLC d/b/a EMV Payment Systems, LLC  (28-CA-146504; 363 NLRB No. 3)  Phoenix, AZ, August 31, 2015. The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(1) by maintaining overly…

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11 Sep 2015 NLRB WEEKLY SUMMARY OF DECISIONS, AUGUST 24 – 28, 2015

The Summary of NLRB decisions for the week of August 24 – 28, 2015, is now available.   Summarized Board Decisions Chemical Solvents, Inc. and Turn-To Transport, LLC, a single employer and/or alter egos  (08-CA-039218, et al.; 362 NLRB No. 164)  Cleveland, OH, August 24, 2015.   The issues involved in this case arise in the context of the Respondent Chemical Solvents, Inc.’s (CSI) decision to subcontract its trucking operations and the subsequent implementation of…

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10 Sep 2015 Employer Dinged for Unlawful Interrogation and Confiscating Union Literature Immediately Following Break Period; Vindicated for Simultaneous Leafletting

While it is not necessarily unlawful for an employer to ask an employee about his union sentiments, the NLRB’s finding on unlawful interrogation was affirmed based upon additional facts which the court found to be coercive including proximity of recent discipline of the employee and the nature of the employer’s questions.   The board’s finding of unlawful confiscation was also upheld.  The evidence demonstrated that the supervisors had a history of removing literature left by…

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04 Sep 2015 Employers Take Note: Just in Time for Labor Day NLRB Issues Multiple Decisions That Significantly Erode Many Employer Interests

The NLRB continues to take aim at and significantly erode employer interests. In just the past the past few weeks the NLRB has issued decisions:   Further undermining employer investigations by finding that even a “recommendation” of confidentiality in such circumstances violated Section 7   Throwing out an employer policy related to company confidential information and also finding its no-photograph policy violated Section 7   Impairing the future effectiveness of unionized employer drug testing policies…

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03 Sep 2015 NLRB WEEKLY SUMMARY OF DECISIONS, AUGUST 17 – 21, 2015

The Summary of NLRB decisions for the week of August 17 – 21, 2015, is now available.   Summarized Board Decisions Northwestern University  (13-RC-121359; 362 NLRB No. 167)  Evanston, IL, August 17, 2015. On March 26, 2014, the Regional Director issued a Decision and Direction of Election in which he found that all football players receiving a grant-in-aid scholarship are employees within the meaning of Section 2(3) of the Act.  The Board granted review on…

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