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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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02 Sep 2015 Another Noel Canning Rubber Stamp – Obama NLRB Overturns 1962 Case and Holds that Dues Checkoff Duty Now Continues Beyond Contract Expiration

In WKYC-TV, Inc., 359 NLRB No. 30 (2012) the Obama NLRB overturned Bethlehem Steel, 136 NLRB 1500 (1962), that for more than 50 years stated the rule that when a collective bargaining agreement expired the employer’s obligation to follow the agreement’s dues checkoff provision ceased. The Supreme Court’s decision in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), however, meant that the decision in WKYC-TV could not stand because, at the time of its decision,…

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16 Jul 2015 No Good Deed Goes Unpunished: Teamsters Sue Airline…FOR PAYING OUT EMPLOYEE BONUSES!

In an unusual move last week, the Teamsters union sued a regional airline in Indianapolis because the company, without bargaining, allegedly paid out bonuses to the pilots the union represents, and also allegedly started offering higher pay rates than what was contained in the parties’ collective bargaining agreement. Technically, employers must bargain any changes to terms and conditions of union employees’ employment – whether favorable or unfavorable. As a practical matter, however, most unions do…

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04 Feb 2015 NLRB: Employer letters regarding dues payment options violated NLRA

Since Indiana became a Right-to-Work state, one of the most common employer questions has been – what can I tell my employees about when they can withdraw their dues authorization forms? The NLRB last week, in a non-RTW context, did give us some guidance – even though it’s probably guidance that most employers wouldn’t necessarily welcome.   The Board examined letters drafted by an employer and found that the letters, particularly in the context of…

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