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27 Jan 2017 Major Changes on the Horizon for the NLRB? Trump Names Philip Miscimarra Acting Chair of Agency

  President Trump took his first official action with respect to the National Labor Relations Board (NLRB) on Jan. 24, when he named current NLRB member Philip Miscimarra as acting chair of the agency. Miscimarra has served on the NLRB since 2013 and currently is the lone Republican (i.e., pro-employer) member.   The other two members, Mark Gaston Pearce and Lauren McFerran, are Democrat members and tend be viewed as “pro-union.” Miscimarra replaces Pearce as…

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24 Jan 2017 Court Of Appeals Reverses NLRB, Finds Hospital’s Nonunion Hiring Preference Policy Is Lawful

  On Jan. 20, the First Circuit Court of Appeals vacated a National Labor Relations Board (NLRB) decision that found a hospital’s hiring preference policy applicable to its nonunion employees to be unlawful. The hospital at issue had both union and nonunion sites.   At a union site, there was a collective bargaining agreement (CBA) that contained a provision giving preference to bargaining unit members for hiring or transferring into positions covered by the CBA….

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23 Jan 2017 Will Seattle Uber Drivers Really Be Able to Unionize? Uber Takes Legal Action to Halt City Rules

  Last week, Uber, by way of a subsidiary, brought an action in Washington state court claiming that the City of Seattle’s recently adopted labor ordinance is arbitrary and capricious and that the City did not follow proper rulemaking procedures when they were adopted. The complaint also alleges that the city’s rulemaking process denied members of the public from having a “meaningful opportunity to comment.”   Late last year, Seattle news outlets started reporting about…

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20 Jan 2017 Obama NLRB Deep Sixes Employer Defense on Procedural Grounds Earlier Case Involving Union’s “Peculiar Circumstances” Justifies Inconsistent Application of the Same Rule

  A recent NLRB decision demonstrates again the Obama NLRB’s willingness to entertain inconsistency when the outcome favors a union. Over the last eight years, some have noted that this has been a persistent theme at the NLRB.   The most recent example of this phenomenon is found in the NLRB’s Jan. 9 Williams-Sonoma Direct, Inc., decision. In this union election case involving the NLRB’s controversial Specialty Healthcare “micro unit” decision, the issue was the…

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13 Jan 2017 U.S. Supreme Court to Decide D.R. Horton Arbitration Waiver Issue

  The U.S. Supreme Court on Friday agreed to hear three cases all related to the National Labor Relations Board (NLRB) decision in D.R. Horton in which the NLRB held that companies that require employees to sign class action waivers violate their rights to act collectively under Section 7 of the National Labor Relations Act (NLRA).   Though class action waivers have previously been upheld by the U.S. Supreme Court under the Federal Arbitration Act…

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12 Jan 2017 Summary of NLRB Decisions for Week of Jan. 3-6

  The summary of NLRB decisions for the week of Jan. 3-6 is now available.   Summarized Board Decisions   Hospital Santa Rosa Inc. a/k/a Clinica Santa Rosa  (12-CA-143221; 365 NLRB No. 5)  San Juan, PR, January 3, 2017.   The Board unanimously affirmed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) when it failed to pay employees a $600 Christmas bonus, as required by Puerto Rico law, without first affording…

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09 Jan 2017 Kentucky Doubles Down: Right to Work and No Prevailing Wage

  Over the weekend, Kentucky became the 27th state in the U.S. to pass a statewide Right-to-Work Act. And while they were at it, the Kentucky senate also passed a bill eliminating the commonwealth’s prevailing wage act for public construction projects. Both bills take effect immediately.   Kentucky Gov. Matt Bevin signed a right-to-work measure into law this weekend. Republicans had introduced the measure on Jan. 3 at the start of the legislative session and…

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09 Jan 2017 Summary of NLRB Decisions for Week of Dec. 27-30

  The summary of NLRB decisions for the week of Dec. 27-29 is now available.   Summarized Board Decisions   LakeWood Health Center d/b/a Chi LakeWood Health  (18-RC-177139; 365 NLRB No. 10)  Baudette, MN, December 28, 2016.   The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election among professional and nonprofessional technical employees at the Employer’s acute care hospital (the Union won the election and was certified)….

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30 Dec 2016 Weekly Summary of NLRB Decisions for Week of Dec. 19-23

  The summary of NLRB decisions for the week of Dec. 19-23 is now available.   Summarized Board Decisions   Howard Industries, Inc.  (15-CA-164449; 365 NLRB No. 4)  Laurel, MS, December 21, 2016.   The Board adopted the Administrative Law Judge’s recommended dismissal of allegations that the Respondent violated Section 8(a)(5) and (1) by unilaterally changing its policy regarding which employees were to be given hams during the Christmas season, without first notifying and giving…

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27 Dec 2016 Past Isn’t Prologue: Study Finds NLRB Nullified 4,500+ Years of Precedent Over Last Eight Years

  Anyone following labor law over the last eight years knows the National Labor Relations Board (NLRB) has been very active and made extensive changes, including overturning long-standing precedent. From altering the test used to evaluate “micro-units” to modifying the standard for finding “joint employers” and allowing college graduate assistants the right to form unions, the scope of departure from past precedent has been vast. Indeed, according to a recent study conducted by the Workplace…

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