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02 Nov 2017 Union Improperly Used Strikes and Grievances to Obtain Disputed Work, Says Appeals Court

  In May 2016, the National Labor Relations Board (NLRB) ruled that an International Union of Operating Engineers (IUOE) local unlawfully used strikes and grievances in an effort to obtain certain work on construction sites that had been given to members of another union.  That decision was challenged in the U.S. Court of Appeals for the Sixth Circuit, which upheld the NLRB’s ruling on Oct. 31.   While the NLRB allows a union to utilize…

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03 May 2017 Persuader Rule Still in Limbo

  Earlier this week, the Trump administration told a Minnesota district court judge that it needs additional time – until July 3 – to file the government’s position on the Persuader Rule. The administration said “[t]he United States Department of Labor still awaits the arrival of key political leadership prior to making final decisions as to the issues raised by this litigation . . . .”   Meanwhile, further south, a Texas district court judge’s decision…

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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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25 Aug 2016 NLRB Enhances Backpay Compensation for Terminated Workers

  The National Labor Relations Board (NLRB) took another pro-employee step this week – this time with backpay calculation. The Board voted 3-1 to revise its backpay calculation formula for unlawfully terminated employees to include: (1) interim employment and (2) search-for-work expenses. In previous decisions, the Board deemed these types of expenses as setoffs that were then subtracted from gross backpay.   The full decision can be found here.   Adam BartromAdam Bartrom of the firm’s…

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07 May 2016 NLRB Disregards Corporate Entity and Holds Individual Owners Liable for CBA Violations

In a case from earlier this week, Bella Masonry LLC was held to be the alter ego of Ace Masonry Inc. dba Ace Unlimited and both companies were found to have violated Section 8(a)(5) of the Labor Management Relations Act. Accordingly, the two companies were ordered by the National Labor Relations Board (NLRB) to make whole the employees for any differences in their pay resulting from the employer’s violations and also to make whole certain union…

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15 Feb 2016 Court Holds Company Can Reject Terms, Conditions of Expired CBA

  Against the constant current of labor-friendly decisions, the Third Circuit Court of Appeals recently provided a win to employers. As most National Labor Relations Board (NLRB) watchers know, the NLRB requires employers to adhere to the terms and conditions of an expired collective bargaining agreement (CBA) either until a new agreement has been reached or the parties achieve impasse.   Continue reading this Barnes & Thornburg publication… Adam BartromAdam Bartrom of the firm’s Labor…

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10 Sep 2015 Employer Dinged for Unlawful Interrogation and Confiscating Union Literature Immediately Following Break Period; Vindicated for Simultaneous Leafletting

While it is not necessarily unlawful for an employer to ask an employee about his union sentiments, the NLRB’s finding on unlawful interrogation was affirmed based upon additional facts which the court found to be coercive including proximity of recent discipline of the employee and the nature of the employer’s questions.   The board’s finding of unlawful confiscation was also upheld.  The evidence demonstrated that the supervisors had a history of removing literature left by…

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07 May 2015 Governor Pence Signs Bill Repealing Indiana Common Construction Wage

Yesterday, Indiana Governor Mike Pence signed House Enrolled Act 1019 which ended the common construction wage (also known as the “prevailing wage”) in Indiana. The bill passed the Senate by a vote of 27-22 and carried in the House by a vote of 54-40. A full copy of the bill can be found here. Adam BartromAdam Bartrom of the firm’s Labor and Employment Law Department collaborates with businesses to handle disputes and to create preventive…

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01 Aug 2014 Obama’s New Executive Order Requires Contractors to Disclose Labor Violations

  On Thursday, President Obama signed the “Fair Pay and Safe Workplaces Executive Order” which mandates that federal contractors disclose recent labor violations.  More specifically, any company that is attempting to obtain a federal contract for more than $500,000 must first disclose all of its labor law violations (state and federal) for the previous three years. “Labor violations” is a widely cast net which includes violations of rules regarding civil rights, wage and hour, collective…

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03 Jul 2014 A Rare Win: NLRB Judge Upholds an Employer’s Social Media Policy

  In sharp contrast to the litany of recent cases where the NLRB has struck down employer social media policies, employers scored a rare win earlier this week in Landry’s Inc. et al., v. Sophia Flores, No. 32-CA-118213.  In Landry’s, an ALJ upheld the social media policy of the Houston-based hospitality operator (and parent company of Bubba Gump).  The judge rules that the policy (now expired) was drafted in a way which did not impinge…

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