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22 Aug 2013 Federal Judge Rules NLRB General Counsel’s Appointment Invalid

Although all five NLRB members have been properly confirmed, there remains an issue with the status of the Acting General Counsel, Lafe Solomon. On Aug. 13, 2013, United States District Judge Benjamin H. Settle of the Western District of Washington dismissed the petition of Region 19, of the NLRB seeking injunctive relief pursuant to section 10(j) of the Act. In reaching that determination, Judge Settle reviewed whether the NLRB had the authority to issue the complaint…

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21 Aug 2013 A Weekly Summary of NLRB Decisions for Aug. 12-16, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of Aug.12-16, 2013. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here, or by clicking on the link below. National Labor Relations Board: Summary of Decisions for Aug. 12-16, 2013. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to…

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19 Aug 2013 Michigan Right to Work Act Upheld by Court of Appeals

The United Auto Workers suffered yet another defeat in its effort to overturn Michigan’s public sector Right to Work Act. The Michigan Court of Appeals has, in a 2-1 decision, upheld the lower court’s decision that the State has the authority to enact laws that effect the state’s civil service employees. The appellate court rejected the argument that the Michigan Constitution gave the state’s Civil Service Commission the exclusive authority to set employment conditions for those…

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19 Aug 2013 Sixth Circuit Upholds NLRB’s Specialty Healthcare “Micro-Union” Decision

  On Aug. 15, 2013, the Sixth Circuit upheld the NLRB’s controversial 2011 Specialty Healthcare decision which many have argued will promote “micro-unions” in the workplace and make it easier for unions to dictate the group of employees they wish to organize.   What does this mean for employers going forward? The new standard for evaluating whether it is necessary to expand a bargaining unit will be difficult for employers to surmount. Accordingly, unions will…

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16 Aug 2013 NLRB Is Working With A Full Slate

The National Labor Relations Board (NLRB) recently swore in four Senate-confirmed members.  This is the first time that the panel has been fully staffed with approved members in nearly a decade. The current NLRB members are: Nancy Schiffer, Kent Hirozawa, Harry Johnson, Philip Miscimarra, and Mark Gaston Pearce. This development follows the controversy associated with President Obama’s controversial recess appointments. The full story from the Washington Post can be found here. btlaborBT Labor Relations is managed…

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14 Aug 2013 A Weekly Summary of NLRB Decisions for Aug. 5-9, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of Aug. 5-9, 2013. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here, or by clicking on the link below. National Labor Relations Board: Summary of Decisions for Aug. 5-9, 2013.   Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively…

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13 Aug 2013 Unions Explore New Organizing Tactics

The Associated Press offers an interesting article on union efforts to move beyond their largely unsuccessful, traditional organizing tactics. The story as reported by the Ft. Wayne Journal Gazette can be found here.  The article quotes AFL-CIO President Richard Trumka saying, “To be blunt, our basic system of workplace representation is failing to meet the needs of America’s workers by every critical measure.”  The story notes several union efforts to recruit new dues paying members, including…

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13 Aug 2013 4th Circuit Again Tells NLRB To Pound Sand Over Board’s Direction That Employers Hang Paper

On Aug. 12, 2013, in a one sentence Order, the 4th Circuit Court of Appeals rejected a request for rehearing by the NLRB in the case that invalidated the Board’s attempt to require employers to post a Notice advising employees of their rights under the National Labor Relations Act. More controversially, the Board’s rule would have also made failure to post the Notice a separate violation of federal labor law, evidence of anti-union animus and would…

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09 Aug 2013 Another Union Attempt to Circumvent Michigan’s Right to Work Law: Controversies in Michigan Continue

Following passage of Michigan’s Right to Work law last December, many unions rushed to secure contract extensions prior to the law’s March 2013 effective date to delay the law’s effect for their bargaining units. In some cases, 10 year extensions were approved.  Supporters of the law have decried these efforts to circumvent the law and at least one lawsuit has been filed. Now, the NLRB has gotten involved. A case pending before the NLRB in Detroit alleges that employees…

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08 Aug 2013 Right To Work Efforts: Has the Momentum Stalled?

As we previously reported, following the successful passage of Right to Work legislation in Indiana and then Michigan, there was interest in how much momentum the movement for similar legislation in the states has.  This was particularly true after Michigan, the home and traditional bastion of organized labor, became a right to work state. It appears, however, that such efforts have petered out. Recently, the Missouri legislature passed a version of right to work legislation dubbed “paycheck protection”…

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