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07 Apr 2017 A Dancer With an Attitude? Fired Vegas Show Dancer Pursues Workers’ Rights

  Many of my recent posts have focused on what I am dubbing the “new” unions. From Uber drivers to college athletes, the collection of workforces seeking to unionize and assert labor rights is growing more and more diverse (in spite of – or maybe as a result of – the shrinking number of unionized workers overall).   While scrolling through cases in search of such examples, I quickly stumbled on David Saxe Productions LLC…

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31 Mar 2017 Labor Secretary Nominee Inching Toward Confirmation

  A day after the ranking Democrat, Patty Murray (D-Wa), of the U.S. Senate’s Committee on Health, Education, Labor & Pensions (the Labor Committee) promised to vote against the nomination of Alexander Acosta to serve as Secretary of Labor, the Labor Committee nevertheless favorably  reported out the nomination of Acosta for consideration by the full senate. Acosta, the child of Cuban immigrants, is currently the dean of Florida International University’s law school and has served as an…

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27 Mar 2017 Summary of NLRB Decisions for Week of March 13 – 17

  The summary of NLRB decisions for the week of March 13-17 is now available.   Summarized Board Decisions   Taylor Motors, Inc.  (10-CA-141565, et al.; 365 NLRB No. 21)  Ft. Campbell, KY, March 13, 2017.   The Board (Members Pearce and McFerran; Acting Chairman Miscimarra dissenting) remanded this case to the Administrative Law Judge, who had found that the Respondent violated Section 8(a)(1) when it suspended and discharged an employee for protected conduct he engaged…

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22 Mar 2017 Summary of NLRB Decisions for Week of March 6 – 10

  The summary of NLRB decisions for the week of March 6-10 is now available.   Knollwood Country Club  (02-CA-150410, et al.; 365 NLRB No. 22)  Elmsford, NY, March 08, 2017.   The Board unanimously affirmed the Administrative Law Judge’s conclusions that the Respondent violated: (1) Section 8(a)(5) and (1) by unilaterally changing unit employees’ terms and conditions of employment when it used temporary staffing agency workers to perform unit work; modified the parties’ contract by…

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21 Mar 2017 No Vacancy: U.S. Supreme Court Invalidates Most of Former Acting NLRB GC’s Tenure

  First there was the New Process Steel case in 2010, in which the U.S. Supreme Court ruled that the National Labor Relations Board (NLRB) needed at least three lawfully-appointed members to render decisions. Then, in 2014, the Supreme Court held in its Noel Canning decision that former President Obama overstepped his “recess appointment authority” by appointing three members to the NLRB when congress was not in “recess.” Now, we have the Southwest Ambulance case.  …

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16 Mar 2017 Sixth Circuit Refuses to Vacate; Lets Local Municipal Right-To-Work Decision Stand

  Following up on our post from earlier this week, on March 15, the U.S. Court of Appeals for the Sixth Circuit has refused to vacate its ruling in Autoworkers Local 3047 v. Hardin County, a Kentucky case. In doing so, the court allows to stand its ruling that municipalities can pass enforceable right-to-work provisions. The unions wanted the decision vacated as moot based on the state of Kentucky adopting right-to-work legislation, thereby making it…

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15 Mar 2017 Seattle Legal Battles Mount: Uber Drivers and U.S. Chamber Fight Driver Unionization Law

  In January we shared a post about a labor battle brewing in Seattle and things look to be heating up. As we reported, the City of Seattle adopted its final rules to implement an ordinance allowing Uber and other for-hire drivers to unionize. The rules drew fire from both sides of the debate as they set specific unionization requirements, including the driver eligible requirements to vote for a union.   As of January, the…

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14 Mar 2017 The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review

  On November 21, 2016, we reported that in Autoworkers Local 3047 v. Hardin County, the Sixth Circuit Court of Appeals held that local units of government could pass right-to-work ordinances under the National Labor Relations Act. Subsequently, on January 9, 2017 we reported that the state of Kentucky became a right-to-work state, a decision that seemingly ended any controversy concerning the Hardin County ordinance and litigation. However, a group of local unions have continued…

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13 Mar 2017 Summary of NLRB Decisions for Week of Feb. 27 – March 3

  The summary of NLRB decisions for the week of Feb. 21-24 is now available.   Summarized Board Decisions No Published Decisions Issued.   *** Unpublished Board Decisions in Representation and Unfair Labor Practice Cases R Cases Queen of the Valley Medical Center  (20-RC-185503)  Napa, CA, February 28, 2017.  The Board denied the Employer’s Request for Review of the Order by Acting Regional Director under NLRB Rule 102.66(c) Concerning Issues to be Litigated at Hearing,…

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10 Mar 2017 Beware of the Employee Walk Out: Non-Union Employees Terminated for Walking Off Job; NLRB Judge Reinstates with Backpay

  Earlier this week, an NLRB Judge handed out another tough lesson for a non-union employer.   In this case, three employees at a Hyundai plant in Alabama walked off the job over a scheduling conflict.  The company investigated the incident and terminated their employment on the basis that the employees had voluntarily resigned by leaving early.  Following the employees filing ULPs, the Judge found that the company acted unlawfully.  Specifically, the Judge found the…

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