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31 Aug 2016 NLRB: Is Misclassification of Independent Contractors an Unfair Labor Practice?

  The question: Is misclassification of independent contractors an unfair labor practice? The answer: Not yet.   In an advice memorandum dated December 18, 2015, but just issued this week, the National Labor Relations Board (NLRB) tangled with the question of whether mere misclassification of truck drivers as independent contractors constituted an independent unfair labor practice charge. The NLRB Advice Memo does not quite get there. However, in circumstances where there is a misclassification supplemented with…

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18 Mar 2016 Burrito Bowls, Guacamole, &. . .Tweets? NLRB Judge Finds Social Media Policy Unlawful

  There’s more bad news this week for restaurant chain Chipotle Mexican Grill, but this time it has nothing to do with the food.   Last year, we heard about an NLRB decision upholding an administrative law judge’s (ALJ) finding that the restaurant had committed an unfair labor practice. According to the decision, Chipotle had allegedly threatened and interrogated employees who engaged in discussions about their pay. The employee at issue in the case had worked…

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26 Feb 2016 NLRB Commits Unfair Labor Practice With Its Own Union

  An administrate law judge (ALJ) with the Federal Relations Authority has found the National Labor Relations Board (NLRB) committed an unfair labor practice by not bargaining with its own union related to the agency’s office relocation to another part of the District of Columbia.   The National Labor Relations Board Union (NLRBU) represents certain employees who work for the NLRB, including approximately 62 employees at the agency headquarters in Washington, D.C. In 2010, the agency…

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14 Oct 2014 UAW Charged with Coercion in Refusing to Allow Member to Resign

Reuters is reporting that a Michigan truck driver has filed an unfair labor practice charge against the UAW after refusing to allow the driver to exercise her right to quit the union and stop paying dues. Even though Michigan is now a right to work state (see our previous coverage), the union refused the driver’s request to quit the union.   The driver sent a letter to officials at the UAW local in Dearborn, Michigan,…

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30 Aug 2013 <i>Chicago Sun-Times</i> Hit with ULP Complaint

In the midst of ongoing contract negotiations, the Chicago Newspaper Guild has filed a ULP charge against the Sun-Times newspaper group alleging that the company is using a non-union company to perform work reserved for bargaining unit employees. According to the union’s website, it is alleging that the newspaper group’s parent company shares ownership with the non-union entity which is performing the bargaining unit work. The newspaper group’s parent company denies the allegations and maintains that it…

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