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15 Nov 2016 The Trump Presidency and the NLRB: Change May Come Slowly

  Though candidate Donald Trump promised swift reversal of Obama administration initiatives, President-elect Trump may find that change will have to come slowly at the NLRB.   One area where the new president could have an immediate impact is with the composition of the Board, which consists of five members with staggered terms.  Currently, there are two open seats and the  majority are  Democrats who have been zealously pro-union throughout the Obama administration:   Former…

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14 Nov 2016 Summary of NLRB Decisions for Week of Oct. 31 – Nov. 4

The summary of NLRB decisions for the week of Oct. 31 – Nov. 4 is now available.   Summarized Board Decisions   PAS LLC  (13-CA-143764 and 13-CA-144968; 364 NLRB No. 139)  Chicago, IL, October 31, 2016.   The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the consolidated complaint and compliance specification.  The Board found that the Respondent violated Section 8(a)(5) and (1) by…

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04 Nov 2016 Summary of NLRB Decisions for Week of Oct. 24-28

  The summary of NLRB decisions for the week of Oct. 24-28 is now available.   Summarized Board Decisions   Trinity Technology Group, Inc.  (12-CA-165643; 364 NLRB No. 133)  Manassas, VA, October 25, 2016.   The Board denied the Respondent’s motion for summary judgment without prejudice to the Respondent’s right to renew its arguments to the administrative law judge and before the Board on any exceptions that may be filed to the judge’s decision, if…

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03 Nov 2016 Fourth Circuit Finds Nurses Are Not Supervisors – Could Unionize

  In a decision issued Nov. 1, the U.S. Court of Appeals for the Fourth Circuit ruled that registered nurses (RNs) and licensed practical nurses (LPNs) at a nursing home in South Carolina were not supervisors and could therefore lawfully unionize. The decision reversed several prior cases from the Fourth Circuit which held otherwise, but the court explained the reversal was due to intervening action by the U.S. Supreme Court and the NLRB.   The…

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01 Nov 2016 U.S. Chamber of Commerce Report Confirms NLRB’s Infamous Specialty Healthcare Decision Has Given Rise to More Micro-Units

  Five years ago, the National Labor Relations Board (NLRB) issued its now infamous decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934, 940 (2011) that paved the way for a slew of “micro-units” being certified by the NLRB (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply to certain healthcare bargaining units). For those unfamiliar with micro-units, when filing an election petition with the…

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28 Oct 2016 White House Launches Website Encouraging Workers to Protect Their Rights, Including Union Organizing Rights, By Filing Charges/Complaints Against Employers

  Today, the White House launched a new website, worker.gov, that makes it easier for employees to file charges and complaints against their employers.   The new website promotes employee rights and the filing of claims, including a strong emphasis on union organizing rights. It is a collaboration between the Department of Labor, the National Labor Relations Board, the Department of Justice and the Equal Employment Opportunity Commission, with a stated goal of giving “workers…

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28 Oct 2016 Summary of NLRB Decisions for Week of Oct. 17-21

The summary of NLRB decisions for the week of Oct. 17-21 is now available.   Summarized Board Decisions   Prime Healthcare Services-Encino, LLC d/b/a Encino Hospital Medical Center and Prime Healthcare Services-Garden Grove, LLC d/b/a Garden Grove Hospital & Medical Center  (21-CA-080722, 31-CA-066061, 31-CA-070323, and  31-CA-080554; 364 NLRB No. 128)  Garden Grove, CA, October 17, 2016.   The Board adopted the Administrative Law Judge’s conclusion that the Respondents violated Section 8(a)(5) and (1) by failing to…

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27 Oct 2016 Down to the Wire: DOL’s “Blacklisting Rule” Enjoined

  A federal judge in Texas has blocked implementation of major portions of the U.S. Department of Labor’s (DOL) Fair Pay and Safe Workplaces rule, the so-called “blacklisting” rule.   Judge Marcia A. Crone of the U.S. District Court for the Eastern District of Texas entered a nationwide preliminary injunction order on Oct. 24 blocking the Oct. 25 implementation date of the DOL rule, along with a related Obama Executive Order, the Federal Acquisitions Regulations…

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24 Oct 2016 Smaller Bonuses for Union Employees Not Discriminatory or Inherently Destructive, But Failure to Give Notice Leads to Unilateral Change Liability

    An Oct. 11, decision by an NLRB Administrative Law Judge (ALJ) reinforces several important lessons employers should heed when paying bonuses (or providing other benefits) to union employees and other non-union employees. In Viejas Band of Komeyaay Indians d/b/a Viejas Casino & Resort, Case No. 21-CA-166290, the ALJ first found that the agency did indeed have jurisdiction over the Viejas Casino & Resort run by the Viejas Band of Kumeyaay Indians. The ALJ…

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19 Oct 2016 Operators Local 150 General Counsel Sues for Defamation

  Dale Pierson, attorney and general counsel for Local 150 of the International Union of Operating Engineers, has brought suit against the National Institute for Labor Relations Research (NILRR) claiming the group defamed him in its online posts that reported on the union’s litigation effort to overturn Indiana’s Right-to-Work Act.   NILRR identifies itself as “a non-profit research facility analyzing and exposing the inequities of compulsory unionism.” It is located in Springfield, Virginia, and maintains…

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