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16 Mar 2017 Sixth Circuit Refuses to Vacate; Lets Local Municipal Right-To-Work Decision Stand

  Following up on our post from earlier this week, on March 15, the U.S. Court of Appeals for the Sixth Circuit has refused to vacate its ruling in Autoworkers Local 3047 v. Hardin County, a Kentucky case. In doing so, the court allows to stand its ruling that municipalities can pass enforceable right-to-work provisions. The unions wanted the decision vacated as moot based on the state of Kentucky adopting right-to-work legislation, thereby making it…

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15 Mar 2017 Seattle Legal Battles Mount: Uber Drivers and U.S. Chamber Fight Driver Unionization Law

  In January we shared a post about a labor battle brewing in Seattle and things look to be heating up. As we reported, the City of Seattle adopted its final rules to implement an ordinance allowing Uber and other for-hire drivers to unionize. The rules drew fire from both sides of the debate as they set specific unionization requirements, including the driver eligible requirements to vote for a union.   As of January, the…

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14 Mar 2017 The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review

  On November 21, 2016, we reported that in Autoworkers Local 3047 v. Hardin County, the Sixth Circuit Court of Appeals held that local units of government could pass right-to-work ordinances under the National Labor Relations Act. Subsequently, on January 9, 2017 we reported that the state of Kentucky became a right-to-work state, a decision that seemingly ended any controversy concerning the Hardin County ordinance and litigation. However, a group of local unions have continued…

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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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09 Feb 2017 Missouri Adopts Right-to-Work, Are the Feds Next?

  This week, Missouri Gov. Eric Greitens signed into law Missouri’s new Right-to-Work Act. At roughly the same time, Republican Reps. Steve King of Iowa and Joe Wilson of South Carolina introduced the national Right-to-Work Act that would amend the National Labor Relations Act and the Railway Labor Act to remove language allowing unions to require membership as a condition of employment.   Republicans, including King and Wilson in 2015, have tried to push a…

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07 Sep 2016 NLRB Member Kent Y. Hirozawa’s Term Expires – But He Left His Mark On U.S. Labor Law

  Kent Y. Hirozawa’s term as a National Labor Relations Board (“Board”) member expired on August 27, 2016, leaving the Board with three members (the minimum number needed for a quorum). Hirozawa originally was sworn in as an appointee of President Barack Obama on August 5, 2013. Widely viewed as a “pro-labor” Board member, he participated in numerous Board decisions / actions during his three years that pose profound implications for employers. To wit:  …

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23 Aug 2016 Down Goes Brown – NLRB Finds Graduate Assistants May Unionize

  In yet another precedent overturning decision, the National Labor Relations Board (NLRB) ruled on Aug. 23 that student assistants at Columbia University could form a union under the National Labor Relations Act (NLRA). The decision was not unexpected given the Board’s current penchant for overturning precedent, both recent and ancient. In today’s Columbia University ruling, the NLRB overturned its decision in Brown University, which it decided in 2004.   In the 3-1 decision, the…

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13 Jul 2016 Federal Court Strikes Down Part of Georgia’s Right to Work Law

  A federal court in Atlanta has struck down part of Georgia’s right to work law that sought to allow employees to withdraw from union membership and stop paying dues at any time. Federal law permits unions to impose irrevocable authorizations up to one year.   The law at issue became effective July 1, 2013.  Section 4 of the law prohibits an employer from deducting from “wages or other earnings of any employee any fee,…

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09 Jun 2016 Fifth Circuit Agrees NLRB Micro-Unit Test Here to Stay

The Fifth Circuit Court of Appeals is the latest federal court of appeals to approve of the National Labor Relations Board’s (NLRB) “micro-unit” test first enunciated in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011). See our recent post here. The Fifth Circuit case involves a Macy’s department store in Massachusetts. The case garnered national attention because many practitioners and prognosticators believed it had the best chance of overturning the NLRB’s Specialty Healthcare rule. The…

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03 Jun 2016 Are Permanent Replacements Permanent Anymore?

The National Labor Relations Board (NLRB) has yet again grabbed the opportunity to sweep away years of precedent in its recent ruling in American Baptist Homes of the West d/b/a Piedmont Gardens, 364 N.L.R.B. No. 13 (5/31/16).  In Piedmont Gardens, the board held that a company violates the National Labor Relations Act (NLRA) if it hires permanent replacements during a strike to allegedly “punish the union” and its members and to “avoid future strikes.”  …

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