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28 Jul 2014 INDIANA COURT LACKS JURISDICTION OVER EMPLOYEE’S THREAT

When does a threat to blow your supervisor’s head off fall outside the scope of a state court’s jurisdiction? Apparently, when you are employed in Indiana.   The Indiana Court of Appeals recently vacated an injunction entered against an employee under Indiana’s Workforce Violence Restraining Orders Act finding that the employee’s threat against his supervisor actually arose out of a “labor dispute” with his employer.   According to the Court’s opinion, the issue surfaced after…

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25 Jul 2014 Strike Two for Right-to-Work Statute in Indiana

  For the second time in less than a year,  a state-court judge in Indiana has ruled Indiana’s right-to-work statute, which went into effect in 2012 and prohibits compulsory union dues, unlawful.  While a previous state-court ruling against the right-to-work statute, issued last September, was stayed by the deciding judge, Judge Paras of Lake County Circuit Court ruled on July 24, 2014 that the statute was unlawful and that his ruling should take effect immediately. …

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23 Jul 2014 NLRB WEEKLY SUMMARY OF DECISIONS, July 14-18

  The Summary of NLRB decisions for the week of July 14-18, 2014, is now available on the NLRB’s website.   Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions…

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22 Jul 2014 NLRB Decides Not to Risk Its D.R. Horton Decision

  My colleague Holt Hedrick has posted some interesting thoughts on the B&T Currents blog about the NLRB’s decision not to appeal to the Supreme Court, its decision in D.R. Horton.   If you remember, in D.R. Horton, the NLRB ruled that companies violated the NLRA if they required employees to sign a mandatory arbitration provision that contained a class action waiver.  Holt suggested that Board declined to appeal the 5th Circuit’s decision because without a…

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16 Jul 2014 NLRB WEEKLY SUMMARY OF DECISIONS, July 7-11, 2014

  The Summary of NLRB decisions for the week of July 7-11, 2014, is now available on the NLRB’s website.     WEEKLY SUMMARY Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies…

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11 Jul 2014 NLRB WEEKLY SUMMARY OF DECISIONS, JUNE 30-July 3, 2014

  The Summary of NLRB decisions for the week of June 30-July 3, 2014, is now available on the NLRB’s website.     Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for…

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10 Jul 2014 NLRB WEEKLY SUMMARY OF DECISIONS, JUNE 23-27, 2014

  The Summary of NLRB decisions for the week of June 23-27, 2014, is now available on the NLRB’s website.     Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers,…

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03 Jul 2014 A Rare Win: NLRB Judge Upholds an Employer’s Social Media Policy

  In sharp contrast to the litany of recent cases where the NLRB has struck down employer social media policies, employers scored a rare win earlier this week in Landry’s Inc. et al., v. Sophia Flores, No. 32-CA-118213.  In Landry’s, an ALJ upheld the social media policy of the Houston-based hospitality operator (and parent company of Bubba Gump).  The judge rules that the policy (now expired) was drafted in a way which did not impinge…

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02 Jul 2014 Harris v. Quinn: Discussion on WRKO’s “The Financial Exchange”

  Barry Armstrong of WRKO Radio in Boston and I had the chance to discuss the Supreme Court’s ruling in Harris v. Quinn  during his July 1 program, “The Financial Exchange.” Listen to our discussion here.               Gerald LutkusGerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is a member of the firm’s Labor and Employment Law and Litigation…

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30 Jun 2014 Harris v. Quinn – A Precursor of Things Yet To Come?

There is a doctrine in Supreme Court case law called the Doctrine of Strict Necessity pursuant to which the Court will avoid deciding Constitutional questions in broader terms than necessary and will instead limit their decision to the specific facts presented by their cases.   Coming into Monday’s decision in Harris v. Quinn, unions were reportedly nervous that the Court might use Harris as a vehicle to overturn the Court’s 1977 decision in Abood v….

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