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27 Mar 2017 Summary of NLRB Decisions for Week of March 13 – 17

  The summary of NLRB decisions for the week of March 13-17 is now available.   Summarized Board Decisions   Taylor Motors, Inc.  (10-CA-141565, et al.; 365 NLRB No. 21)  Ft. Campbell, KY, March 13, 2017.   The Board (Members Pearce and McFerran; Acting Chairman Miscimarra dissenting) remanded this case to the Administrative Law Judge, who had found that the Respondent violated Section 8(a)(1) when it suspended and discharged an employee for protected conduct he engaged…

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22 Mar 2017 Summary of NLRB Decisions for Week of March 6 – 10

  The summary of NLRB decisions for the week of March 6-10 is now available.   Knollwood Country Club  (02-CA-150410, et al.; 365 NLRB No. 22)  Elmsford, NY, March 08, 2017.   The Board unanimously affirmed the Administrative Law Judge’s conclusions that the Respondent violated: (1) Section 8(a)(5) and (1) by unilaterally changing unit employees’ terms and conditions of employment when it used temporary staffing agency workers to perform unit work; modified the parties’ contract by…

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21 Mar 2017 No Vacancy: U.S. Supreme Court Invalidates Most of Former Acting NLRB GC’s Tenure

  First there was the New Process Steel case in 2010, in which the U.S. Supreme Court ruled that the National Labor Relations Board (NLRB) needed at least three lawfully-appointed members to render decisions. Then, in 2014, the Supreme Court held in its Noel Canning decision that former President Obama overstepped his “recess appointment authority” by appointing three members to the NLRB when congress was not in “recess.” Now, we have the Southwest Ambulance case.  …

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10 Mar 2017 Beware of the Employee Walk Out: Non-Union Employees Terminated for Walking Off Job; NLRB Judge Reinstates with Backpay

  Earlier this week, an NLRB Judge handed out another tough lesson for a non-union employer.   In this case, three employees at a Hyundai plant in Alabama walked off the job over a scheduling conflict.  The company investigated the incident and terminated their employment on the basis that the employees had voluntarily resigned by leaving early.  Following the employees filing ULPs, the Judge found that the company acted unlawfully.  Specifically, the Judge found the…

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10 Mar 2017 Browning-Ferris Joint Employer Test Argued Before D.C. Circuit

  Oral argument was heard on Thursday, March 9 before the D.C. Circuit Court of Appeals in Browning-Ferris’ continued effort to overturn the NLRB’s new Joint Employer test.   According to published reports, the tone of the questioning from the three-judge panel should give some hope to employers rooting for a reversal of the Board’s broad new test.  Judge Patricia Millett, according to the National Law Journal, “dominated most the argument time of both sides.”…

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02 Mar 2017 Summary of NLRB Decisions for Week of Feb. 13 – 17

  The summary of NLRB decisions for the week of Feb. 13-17 is now available.   Summarized Board Decisions   United Food and Commercial Workers Union, Local 4, affiliated with United Food and Commercial Workers Union (Safeway, Inc.)  (19-CB-009660; 365 NLRB No. 32)  Two Butte, MT, February 13, 2017.   The Board denied the Respondent Union’s motion for reconsideration in part and granted it in part.  In the underlying decision, the Board had found that the…

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24 Feb 2017 Summary of NLRB Decisions for Week of Feb. 6 – 10

  The summary of NLRB decisions for the week of Feb. 6-10 is now available.   Summarized Board Decisions   Trans-Ed, Inc.  (22-CA-170891; 365 NLRB No. 25)  Patterson, NJ, February 6, 2017.   The Board affirmed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) when it discharged an employee for engaging in protected activity.   Charge filed by an individual.  Administrative Law Judge Raymond P. Green issued his decision on September…

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15 Feb 2017 ‘Show Your Face’ – IBEW Restrictions On Union Resignation and Dues Checkoff In Right-to-Work States Found Unlawful

  In Local 58, International Brotherhood of Electrical Workers (IBEW) 365 NLRB No. 30 (February 10, 2017), the National Labor Relations Board (NLRB) struck down IBEW’s requirements that members “appear in person,” show “picture identification,” or “make other arrangements” to verify their identify before being able to resign from the union and revoke prior dues checkoff authorizations. This case is particularly significant for employees in right-to-work states, who as a matter of law cannot be…

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10 Feb 2017 Summary of NLRB Decisions for Week of Jan. 23-27

  The summary of NLRB decisions for the week of Jan. 23-27 is now available.   Summarized Board Decisions   CPL (Linwood) LLC d/b/a Linwood Care Center and its Successor, 201 New Road Operations, LLC d/b/a Linwood Care Center  (04-RM-145463; 365 NLRB No. 8)  Linwood, NJ, January 23, 2017.  (Correction issued January 27, 2017)   The Board granted the Employer’s motion for reconsideration of the Board’s Order denying its request for review of the Regional…

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27 Jan 2017 Major Changes on the Horizon for the NLRB? Trump Names Philip Miscimarra Acting Chair of Agency

  President Trump took his first official action with respect to the National Labor Relations Board (NLRB) on Jan. 24, when he named current NLRB member Philip Miscimarra as acting chair of the agency. Miscimarra has served on the NLRB since 2013 and currently is the lone Republican (i.e., pro-employer) member.   The other two members, Mark Gaston Pearce and Lauren McFerran, are Democrat members and tend be viewed as “pro-union.” Miscimarra replaces Pearce as…

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