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09 Nov 2012 NLRB Weekly Summary of Decisions for November 5-9, 2012

The National Labor Relations Board’s (the “NLRB”) weekly summary of decisions for November 5-9, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here or clicking on the link below. NLRB’s Weekly Summary of Decisions for November 5-9, 2012. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal…

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09 Nov 2012 NLRB Updates Workload of Division Judges in 2012

The National Labor Relations Board (NLRB) recently provided an update on the workload of its Division of Judges in 2012.  During 2012, Administrative Law Judges disposed of 645 cases. Of those 645 cases, the Judges issued 207 decisions and settled 438 cases.  According to the NLRB, “[t]he high ratio of settlements to decisions reflects a continuing effort by the Division to encourage the resolution of cases by the parties themselves, through judges’ involvement in pre-trial conference…

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09 Nov 2012 NLRB ALJ Finds Employee Arbitration Policy Unlawful

The NLRB has continued to chip away at employer efforts to implement alternative dispute resolution programs in the workplace.  In a decision issued on election day, an NLRB ALJ found that 24 Hour Fitness USA, Inc.’s arbitration policy violated the National Labor Relations Act even though employees could opt out of the program and even though it specifically informed employees of their right to file a separate NLRB charge. This follows an earlier decision by the full…

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07 Nov 2012 Well That’s $23 Million Down the Drain

The UAW and other unions spent more than $23 million in their campaign to amend the Michigan Constitution to make unionization a right protected under the state’s constitution. After fighting a tough fight through the Michigan courts to even get Proposal 2 on the ballot, Michigan voters on Tuesday soundly defeated the measure 58 percent to 42 percent. The unions pushed Proposal 2 because of what they viewed as anti-labor initiatives from Governor Snyder as well as the threat posed when…

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05 Nov 2012 AFL-CIO President Declares that EFCA Will Be Passed Into Law If President Obama Re-elected

On the eve of the Presidential election, AFL-CIO president Richard Trumka declared that the Employee Free Choice Act (“EFCA”) – the controversial measure that would make it significantly easier for workers to unionize – would be passed into law if President Obama is elected to a second term. EFCA was a prominent part of President Obama’s early platform, but stalled in Congress. The NLRB has sought to implement parts of EFCA via regulatory changes and…

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02 Nov 2012 NLRB Weekly Summary of Decisions for October 22-26, 2012

The National Labor Relations Board’s (the “NLRB”) weekly summary of decisions for October 15-19, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here or clicking on the link below. NLRB’s Weekly Summary of Decisions for October 22-26, 2012 btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues,…

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01 Nov 2012 NLRB Steps Away from the At-Will “Ledge”

Employers have been out on the ledge over recent NLRB actions on at-will disclaimers, but a guidance issued this week by Acting GC Lafe Solomon may have thrown a little water on the raging fire over whether these routine at-will disclaimers violate the National Labor Relations Act.  On Oct. 31, 2012, Solomon released a guidance based on two advisory opinions, Rocha Transportation and Mimi’s Café, both of which found at-will employee handbook language to be…

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31 Oct 2012 In the Spirit of DR Horton, ALJ Extends Protections to Job Applicants

Building upon the previous prohibition in DR Horton (company arbitration agreement barring workers from bringing class actions was unlawful), an ALJ has now extended similar protections to job applicants.  In Convergys Corp., the ALJ found that the company violated the Act by forcing job applicants to waive their right to bring class and collective actions.  In the decision, the ALJ acknowledged the factual distinctions between this case and DR Horton, however applied the same “cannot waive” principle set forth…

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29 Oct 2012 NLRB Weekly Summary of Decisions for October 15-19, 2012

The National Labor Relations Board’s (the “NLRB”) weekly summary of decisions for October 15-19, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here or clicking on the link below. NLRB’s Weekly Summary of Decisions for October 15-19, 2012 btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues,…

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22 Oct 2012 The USW Right to Work Case Clears First Hurdle

The case brought by the United States Steelworkers attempting to overturn Indiana’s Right to Work Act cleared its first hurdle last week. Counsel for the State of Indiana had filed a motion to dismiss the USW case on the grounds that it failed to state a claim and on the grounds that it improperly included Governor Mitch Daniels as a defendant. Well, the State won on one ground – Daniels was dismissed as a defendant,…

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