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27 Jun 2012 NLRB Orders Bilingual “Shaming”

On June 25, 2012, the NLRB overruled an ALJ’s rejection of a requested “shaming”  order and required that the CEO of a California employer read its order aloud to company employees in both Spanish and English. In Marquez Brothers Enterprises, found here, the ALJ found that the employer committed multiple unfair labor practices, but concluded that “there is nothing extraordinary about the unfair labor practices committed” and thus did not address the General Counsel’s request for an order requiring a remedial notice…

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26 Jun 2012 NLRB’s Acting General Counsel Addresses Controversial Complaint Regarding At-Will Employment Language and Other Employee Handbook Provisions

On June 11, 2012, NLRB Acting General Counsel, Lafe Solomon, addressed the Connecticut Bar Association, specifically discussing the issuance a complaint in February by Region 28 alleging a multitude of violations arising from the various rules contained in the company’s employee handbook.  Among rules alleged to be in violation of the NLRA was an employee acknowledgment that employment was at-will employment and that at-will status only could be altered by a statement signed by the employee and either the executive vice-president or chief operating…

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22 Jun 2012 “Going Back to School” – NLRB To Review Graduate Student Assistant Issue (Again)

Are graduate student assistants seeking to be represented by a union employees under the National Labor Relations Act?  That is a question the NLRB is intent on answering (again).  The Board has granted review in two cases addressing the issue.  The Board also invited briefs from interested parties, asking, among other things, whether its 2004 decision in Brown University should be overruled. In that case the Board held that graduate student assistants typically were not considered…

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22 Jun 2012 NLRB Weekly Summary of Decisions – June 11-15, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, June 11-15, 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…

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21 Jun 2012 Supreme Court: Extra Union Dues Must Be Presented On An Opt-In Basis

The United States Supreme Court ruled today that it is unlawful for a public employee union to impose a fee hike to cover political expenses without providing its non-members notice and the opportunity to opt-in to paying the fee. The lawsuit originally was brought by California workers who were not union members, but who still had to pay dues for the union’s representational activities pursuant to an agency shop agreement.  In this context, unions must provide what…

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19 Jun 2012 Mississippi Governor “Concerned” About UAW Organizing in the Southeast

Mississippi Governor Phil Bryant told a business group Monday he is “concerned” over the UAW’s efforts to organize Toyota and Nissan auto manufacturing plants in his State.  The Memphis Commercial Appeal quoted the Governor saying, “The automobile industry is very fragile, and there’s such great competition out there. That’s what worries me. If the union involvement becomes active in the southeastern automobile corridor, what does it do to industry? And I just don’t see a positive…

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19 Jun 2012 New NLRB Website Describes Rights of Employees To Engage in Protected Concerted Activity

The National Labor Relations Board (NLRB) has launched an interactive website that describes the rights of employees under the Nation Labor Relations Act (NLRA) to engage in protected concerted activity even if they are not in a union. The page, which is available at www.nlrb.gov/concerted-activity, tells the stories of more than a dozen recent cases involving protected concerted activity. The narratives can be viewed by clicking points on an interactive map of the United States. …

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14 Jun 2012 Gallup Poll Shows Union Workers Favor Obama in Presidential Election

Political pollster Gallup looked at the effect of union membership on probable presidential election voting in a recent poll, finding that the majority of union members say that they would vote for President Barack Obama over Republican nominee Mitt Romney. Of union members, which made up about 12 percent of the registered voters polled, 58 percent indicated that they would vote for Obama, while 35 percent favored Romney.  This is a significant difference from non-union…

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13 Jun 2012 NLRB Weekly Summary of Decisions: June 4-8, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, June 4-8, 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…

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13 Jun 2012 NLRB Asks D.C. District Court to Reconsider Decision Invalidating “Ambush” Election Rules

As we previously reported, a judge with the D.C. District Court invalidated the Board’s  controversial “ambush” election rules last month on essentially a technicality, finding that the three-member Board did not establish a quorum prior to voting on the rules because Member Brian Hayes did not participate in the voting.  The Board responded to that ruling this week arguing that Member Hayes was in fact present at the voting (which occurred electronically) because of his interactions…

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