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24 Apr 2014 NLRB Weekly Summary of Decisions, April 14 -18, 2014

  The Summary of NLRB decisions for the week of April 14 – 18, 2014 is now available on the NLRB’s website.     John KoenigJohn T.L. Koenig is a partner in the Labor & Employment Department of Barnes & Thornburg LLP. He maintains a national, full-service practice representing management exclusively in all aspects of labor and employment law.More Posts – Website

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23 Apr 2014 Northwestern Election Kicks Off This Friday

    Northwestern’s scholarship football players are set for an historic vote this Friday on whether they wish to join a union and be represented by the College Athletes Players Association as their sole and exclusive bargaining representative.   Peter Sung Ohr, regional director of the National Labor Relations Board in Chicago, earlier this year, made the initial determination that the players who receive scholarship aid from the University are actually employees within the meaning…

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18 Apr 2014 Seventh Circuit Upholds Controversial Wisconsin Collective Bargaining Law (Again)

    In January 2013, we reported on the Seventh Circuit’s decision in Wisconsin Education Association et al. v. Scott Walker et al., in which the Court dismissed the constitutional claims of the union plaintiffs and upheld Wisconsin’s controversial Act 10.  Act 10 was passed in 2011 and limited collective bargaining rights for most of the state’s public employees.  Today, the Seventh Circuit decided a related case, Laborers Local 236, AFL-CIO, et al. v. Scott Walker et…

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17 Apr 2014 NLRB DR Horton Rehearing Denied

  The National Labor Relations Board (NLRB) is likely weighing an appeal to the U.S. Supreme Court after the Fifth Circuit Court of Appeals denied the NLRB’s request for an en banc rehearing in DR Horton Inc.   The Decision The Fifth Circuit’s original ruling struck down the National Labor Relations Board’s finding that Section 7 of the National Labor Relations Act prevents employers as a condition of employment from putting in place arbitration agreements that…

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16 Apr 2014 NLRB Requires Employer to Pay Union’s Negotiation Expenses in Refusal to Bargain Case

  Earlier this week, the National Labor Relations Board (NLRB) ordered a hospital employer to pay the negotiating costs of the union representing its employees as a remedy for the hospital’s unlawful refusal to bargain with the union. In Fallbrook Hospital Corporation dba Fallbrook Hospital and California Nurses Association/National Nurses Organizing Committee (CNA/NNOC), AFL-CIO, the NLRB upheld the decision made by the Administrative Law Judge (ALJ) that the hospital had unlawfully refused to bargain with…

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10 Apr 2014 NLRB Weekly Summary of Decisions, March 31-April 4, 2014

  The Summary of NLRB decisions for the week of March 31 – April 4, 2014 is now available on the NLRB’s website. The summary can be accessed by clicking the link below.   http://www.nlrb.gov/cases-decisions/weekly-summaries-decisions/summary-nlrb-decisions-week-march-31-april-4-2014   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 Departments. He practices in the areas of…

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10 Apr 2014 Yet Another Blow to Employers’ Social Media Policies – Company Rescinds Nation-Wide Policy

  Earlier this week, a NLRB ALJ approved of a settlement between Valero and the Steelworkers wherein Valero agreed to rescind its nation-wide social media policy, post a notice at each of its 52 locations and mail a notice to each employee advising them they will not be prohibited from using social media to discuss their terms and conditions of employment.  The genesis of this settlement was a ULP charge in 2012 by the Steelworkers…

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08 Apr 2014 Could the Players Simply Say No?

  Perhaps the worm has started to turn on the Northwestern University football union saga.  According to published reports in Chicago, some of the senior leaders of the Northwestern football team have started to come out against voting in favor of union representation.   The Chicago Tribune and the Associated Press have reported this week that Pat Fitzgerald at Northwestern had a pretty public meeting with the players last week at the end of practice…

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07 Apr 2014 NLRB to Live Stream This Week’s Hearings

  The National Labor Relations Board announced today that the public hearing on its proposal to implement the so-called “ambush election rules” (the Board obliquely refers to them as the “amendments governing representation-case procedures”)  will be viewable on the agency’s website.  The hearing is currently scheduled for Thursday, April 10 and Friday, April 11.   You can read more about this issue on the following posts posts, “NLRB Re-Issues ‘Quickie Election’Rules: It’s Déjà Vu All Over…

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07 Apr 2014 Not April Foolin’: National Labor Relations Board Finds Employer Rule Requiring Positivity and Professionalism Unlawful

  On April 1, 2014, the National Labor Relations Board (the “NLRB” or the “Board”) ruled unlawful an employer policy requiring that its employees refrain from negativity in the workplace an in the community.At issue in Hills and Dales General Hospital were three paragraphs in the employer’s “Values and Standards of Behavior Policy:”  1.) Paragraph 11 prohibited employees from making “negative comments about our fellow team members,” (including coworkers and managers; 2.) Paragraph 16 required…

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