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BT Labor Relations - Current News and Practical Analysis
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30 Nov 2012 Advice memo from NLRB again affirms <i>D.R. Horton</i>, finds employer arbitration agreement unlawful

The NLRB continued to hold its position on arbitration agreements in an advice memorandum released last week, finding that an employer’s mandatory arbitration agreement violated the NLRA despite the fact that it explicitly excluded claims in front of the NLRB and was silent as to whether it prohibited arbitration on a class basis. The Division of Advice applied the Board’s holding in D.R. Horton, 357 NLRB No. 184 (2012), and held that the fact that…

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30 Nov 2012 D.C. Circuit refuses to enforce Board’s bargaining order, finds lawful impasse

The D.C. Circuit Court on Tuesday reversed a decision by the NLRB which had found that Erie Brush & Manufacturing Corp. had unlawfully declared impasse and refused to bargain with SEIU. The D.C. Circuit found that while the employer and the union were only in disagreement on two issues – union security and arbitration of grievances – this was enough to put the parties at impasse, noting that “impasse on a single critical issue can create…

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28 Nov 2012 NHLPA Decertification in the Works?

Jeff Z. Klein of the New York Times has a great blog post this morning saying momentum is building for the NHL Players Association (NHLPA) to follow the strategies used by the players’ unions in the NBA and NFL lockouts – decertify the union and file suit as a “trade association” against the league and the owners under the anti-trust laws in an effort to break the lock-out. Here’s a link to Klein’s story – Slap…

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27 Nov 2012 NHL Lockout: Day 73

The NHL lockout, which has reached Day 73, continues to be one of the biggest labor law stories of the year. And with 2 1/2 months of the season already canceled, you’ve got to believe that it is becoming less and less likely that we’ll see any major league hockey in the 2012-13 season. Already the Winter Classic has been cancelled as has the All-Star weekend originally scheduled for Columbus, Ohio. The NHL and the Players Association appear to be at…

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21 Nov 2012 Study Shows Companies Have Had More NLRB Election Success in 2012 (and Other Intriguing Statistics)

BNA’s Research and Custom Solutions division analyzed data provided by the NLRB and came to a few surprising conclusions. The study shows that, although the number of elections has remained roughly the same from 2011 to 2012, unions have actually been less successful in 2012. This paradigm applies to representation and decertification elections. The study also compares the relative success rates of different unions and analyzes these elections per major industry. Adam BartromAdam Bartrom of the firm’s Labor…

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21 Nov 2012 Michigan’s Second PLA Law Also Pre-empted by NLRA

Back in July, we told you about Michigan’s second stab at putting limits on the use of Project Labor Agreements (PLA) in the state. Michigan’s first PLA-limiting law was blocked by a federal court ruling that the subject area covered by the PLA law was pre-empted by the National Labor Relations Act. Late last week, a federal court judge in Michigan called strike two on the state finding the revised version of the PLA bill also was pre-empted by the…

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21 Nov 2012 They Know They Have It Too Good

As we reported earlier this week, federal government over pays its employees compared to the private sector by anywhere from 15-59% in wages (depending upon how you do the calculations) and by 44% when it comes to benefits.  Using these figures, bringing the $200 billion the government spends on civilian employee compensation in line with the private sector could save the government hundreds of billions of dollars over 10 years — before cutting any programs…

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19 Nov 2012 Overpaying Our Way Over The Edge of The Fiscal Cliff

While the debate about the fiscal cliff has been about what services to eliminate and how much to raise taxes, ignored almost entirely is the fact that the government grossly overpays for the services it buys. According to the most recent data from the Bureau of Labor Statistics, the median salary for a federal government employee (including the Post Office) was $70,100 per year. For all private sector workers, that number was $43,980. That is,…

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16 Nov 2012 First Hockey and Now Twinkies Too?

Labor disputes are messing with two of America’s favorites: Hockey and Twinkies. Today is Day 62 of the NHL lockout. The Winter Classic and 326 regular season games have already been cancelled. And yesterday NHL Commissioner Gary Bettman proposed a two-week moratorium on further talks. The NHL and NHLPA worked at it over the last two weeks and even met for six consecutive days in New York. Experienced labor negotiators were hopeful not only because the parties were at the table…

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15 Nov 2012 Right to Work States Outstrip Others In Job Growth

According to a study by the National Institute of Labor Relations Research (the NILRR), the bulk of the country’s job growth since the end of the recession in 2008 took place in right to work states. Right to work states have some form of limitation on the ability to make paying union dues a condition of employment. The NILRR analyzed data provided by the Bureau of Labor Statistics and found that approximately 72 percent of…

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