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26 Jul 2017 Woo-hoo! Federal Court Overrules NLRB, Says Companies Can Require Employees to Promote Positivity

  The National Labor Relations Board’s (NLRB) attack on personnel policies has been well-chronicled over the years. In May 2016, however, the NLRB’s view of handbook policies arguably peaked when it struck down numerous policies in a T-Mobile handbook, including one that generally asked employees to be professional and maintain a “positive work environment.” In that case, the NLRB explained its view by stating: “[w]e find that employees would reasonably construe the rule to restrict…

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24 Jul 2017 Closing Time: NLRB Considers Shuttering Even More Offices

On July 20, the National Labor Relations Board (NLRB) announced it is considering closing two more offices: its office in Anchorage, Alaska, and its office in Little Rock, Arkansas. The public is invited to submit comments on the potential closings by Aug. 25.   The Anchorage office is part of Region 19 out of Seattle and the Little Rock office falls under Region 15 out of New Orleans. The announcement follows a similar one about…

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21 Jul 2017 NLRB Inches Closer to Having Full Panel

  For some time now, the National Labor Relations Board (NLRB) has been operating with only three members, which is two short of the full five-member panel, but on July 19 there was some progress made toward reaching a full complement.  As described in more detail in this blog here and here, long-time management labor attorney William Emanuel and veteran government legal advisor Marvin Kaplan have been nominated by the Trump administration.   In a…

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21 Jul 2017 Summary of NLRB Decisions for Week of July 10 – 14

  Summarized Board Decisions   Pennsylvania Interscholastic Athletic Association, Inc.  (06-RC-152861; 365 NLRB No. 107)  Mechanicsburg, PA, July 11, 2017.   On review, the Board (Members Pearce and McFerran; Chairman Miscimarra, dissenting) affirmed the Regional Director’s finding that the petitioned-for lacrosse officials, who officiate in certain geographic districts of the Pennsylvania Interscholastic Athletic Association (PIAA), are employees covered under Section 2(3), rather than independent contractors.  Applying the Board’s analysis in FedEx Home Delivery, 361 NLRB…

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19 Jul 2017 NLRB Rolls Snake Eyes Before D.C. Circuit

  The U.S. Court of Appeals for the D.C. Circuit recently dealt casinos  a winning hand by overturning a ruling of the National Labor Relations Board (NLRB). This time the court determined the NLRB  incorrectly included surveillance techs at the Bellagio and Mirage Hotels as members of a larger unit seeking representation  by the International Association of Operating Engineers.   In a split decision, the court determined that the surveillance techs who control the casinos’…

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18 Jul 2017 NLRB’s Controversial Joint-Employer Standard in House Appropriations Committee’s Crosshairs

  The NLRB’s controversial 2015 Browning-Ferris decision greatly expanding the definition of “joint-employer” to include those employers who exert only indirect control over employees may not be around much longer, as House Republicans are attempting to use the power of the purse to rein in the Board.   On July 13, the House Appropriations Subcommittee on Labor, Health and Human Services, and Education voted to approve a draft spending bill for fiscal year 2018 that…

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17 Jul 2017 Affirmed: Wisconsin’s Right-to-Work Law Latest to Withstand Judicial Scrutiny

  More than half the states in the nation now have right-to-work laws in place. Wisconsin was one of the more recent states to enact such legislation, and, as often is the case, it was met with much resistance by labor unions, including judicial challenges. A federal lawsuit filed by affiliates of the International Union of Operating Engineers (IUOE) arguing that the law, among other things, violated the U.S. Constitution was struck down by a…

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13 Jul 2017 Summary of NLRB Decisions for Week of June 26 – 30

  Summarized Board Decisions   Southcoast Hospitals Group, Inc.  (01-CA-150261; 365 NLRB No. 100)  Wareham, MA, June 28, 2017.   The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to provide the Union with requested information.  The Board also adopted the judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by unilaterally implementing its final offer without having reached a valid impasse.  In…

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12 Jul 2017 Playing Hardball – NLRB Holds High School Lacrosse Referees Are Employees, Not Independent Contractors

  On July 11, the National Labor Relations Board (NLRB) held that junior high and high school lacrosse referees that provided their services through the Pennsylvania Interscholastic Athletic Association (PIAA) were statutory employees under the National Labor Relations Act (NLRA) and not independent contractors. The NLRB’s decision clears the way for negotiations between the represented referees and the PIAA based on a vote that favored the union. It also makes way for union organizing for…

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11 Jul 2017 If At First You Don’t Succeed, Try, Try, Try Again: UAW Files Petition for Union Vote at Nissan

  For years the United Autoworkers Union (UAW) has attempted to organize foreign auto manufacturers in the U.S., but its efforts have largely failed. Indeed, while the UAW continues to represent most production and maintenance workers at the big American car companies’ sites in this country, the union has failed to gain any strongholds within its Japanese counterparts, despite constant efforts over the years.   Now, the UAW is trying again. It was recently announced…

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