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10 Aug 2012 NLRB Weekly Summary of Decisions – July 30 – August 3, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for July 30 – August 3, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website. 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, including news related to the NLRB and a variety of state issues.More…

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10 Aug 2012 Eighth Circuit Upholds NLRB Decision Finding Union to have Unlawfully Targeted Neutral Employer

On August 7, 2012, the Eighth Circuit, in a decision written by the Honorable James Loken, denied the Laborers District Council of Minnesota and North Dakota (the “Union”)’s petition for review of a National Labor Relations Board (the “NLRB”) decision that found that they had violated Section 8(b)(4)(ii)(B) of the National Labor Relations Act (the “NLRA”) and granted the Board’s cross-petition to enforce its Decision and Order. That section of the NLRA prohibits unions from targeting (by “threaten[ing],…

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06 Aug 2012 NLRB Invites Briefing On Changes To Increase Tax Exposure For Employers Required To Make Back Pay Awards

The NLRB has invited briefs from interested parties with respect to two tax issues related to back pay awards. The invitations were contained in a July 31, 2012 decision Latino Express, 358 NLRB No. 94 (2012). The two issues involve whether the Board should routinely require a respondent to submit documentation to the Social Security Administration so that back pay is allocated to the appropriate calendar quarters, and pay for any excess federal and state income…

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03 Aug 2012 Board Issues a Weingarten Reminder

You remember Weingarten, right?  When an employee is brought in for an investigatory interview that could lead to disciplinary action, he or she has the right to Union representation upon the employee’s request.  On the other side of that coin, if the employer has already decided that discipline is required, there is no right to representation when the employee is called in to receive the discipline (unless, of course, your CBA says something else).  Well,…

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02 Aug 2012 NLRB Weekly Summary of Decision – July 23-27, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for July 23-27, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website. 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, including news related to the NLRB and a variety of state issues.More Posts -…

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01 Aug 2012 NLRB Tosses Employer’s Investigation Confidentiality Rule

An employer’s rule that employees who make complaints should not discuss those complaints with co-workers during an on-going investigation violates the NLRA according to the National Labor Relations Board. Specifically, the Board found that the employees’ Section 7 rights outweighed the employer’s generalized need for confidentiality during an investigation. Accordingly, the rule (which was arguably a practice) was found to violate the law.  The Board also did not modify the ALJ’s determination that the employer’s written confidentiality agreement – which prohibited…

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30 Jul 2012 Federal Judge Refuses to Change His Decision Invalidating the Ambush Election Rules

On Friday, July 27, 2012, District Court Judge James Boasberg (D.D.C) denied the NLRB’s motion to alter or amend his previous order which found the “ambush” election rules to be invalid because the Board lacked quorum. We previously covered this in more depth here. Judge Boasberg refused the invitation for “rehashing arguments” and continued to find the NLRB’s arguments regarding Member Hayes’ abstention to be unpersuasive. The Court’s opinion can be found here. In light of this decision, the NLRB…

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27 Jul 2012 NLRB Weekly Summary of Decisions – July 16-20, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for July 9-13, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website. 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, including news related to the NLRB and a variety of state issues.More Posts -…

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25 Jul 2012 Alaska Supreme Court Finds “Union-Relations” Privilege Protects Communications between Unions and Employees

In a unanimous ruling handed down July 20, the Alaska Supreme Court recognized a “union-relations” privilege implied in the state’s Public Employee Relations Act, the statute governing representation rights of public employees. The Alaska Supreme Court is the first state supreme court to recognize such a privilege, which the Court found protected confidential employee communications with union representatives regarding anticipated or on-going disciplinary or grievance proceedings from forced disclosure. The Alaska case, Peterson v. Alaska,…

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24 Jul 2012 NLRB Political “Tit for Tat” Continues

Another Obama recess appointment to the NLRB is drawing Congressional scrutiny in recent days, in a continuation of the behind-the-scenes politicking between the Administration and certain Congressional members.  As we have reported previously, Republican Board Member Terrance Flynn resigned in May in the wake of allegations of inappropriate communications during his time as Chief Counsel for Board Member Brian Hayes.   Now Senator Orin Hatch, a prominent Utah Republican, has set his sights on Democratic Board Member…

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