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24 May 2017 It Could Be. It Might Be. IT IS! DOL’s Persuader Rule To Be GONE!

  Media outlets are reporting that the Department of Labor (DOL) officially is moving to drop its “persuader rule” that would have imposed significant reporting requirements on companies and consultants related to union-avoidance efforts.   On May 22, the DOL formally proposed to revoke the controversial rule. The rule has been tied up in litigation for months, and a challenge currently is pending in the Fifth Circuit Court of Appeals. The DOL’s move to rescind the…

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21 Apr 2017 Union Body Count and Big Spending

  Last year, some of the country’s biggest unions continue to hemorrhage membership, while others spent big dollars on organizing for modest gains in membership. In 2016, the union membership body count was not insignificant. According to LM-2 filings:   Steelworkers lost 20,000 members United Food and Commercial Workers (UFCW) lost nearly 14,000 members Teamsters lost almost 5,800 members Machinists lost nearly 5,500 members   This continues a trend seen over the last decades. The…

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07 Apr 2017 A Dancer With an Attitude? Fired Vegas Show Dancer Pursues Workers’ Rights

  Many of my recent posts have focused on what I am dubbing the “new” unions. From Uber drivers to college athletes, the collection of workforces seeking to unionize and assert labor rights is growing more and more diverse (in spite of – or maybe as a result of – the shrinking number of unionized workers overall).   While scrolling through cases in search of such examples, I quickly stumbled on David Saxe Productions LLC…

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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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