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10 Aug 2018 Missouri Voters Deliver Blow to Right-to-Work Movement

On August 7, the voters of Missouri rejected Proposition A, a ballot measure that would have implemented right-to-work legislation signed by Governor Eric Greitens last year.   Over the past handful of years, the right-to-work movement has scored a number of victories, particularly in the Midwest. Indiana (2012), Michigan (2012), Wisconsin (2015), West Virginia (2016), and Kentucky (2017) all passed legislation making it unlawful for employees to be forced to become a union member or…

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21 May 2018 Finality at Last: Supreme Court Overrules NLRB’s Controversial Policy Against Employee Class Action Waivers in Arbitration Agreements

The U.S. Supreme Court has officially put the kibosh on the National Labor Relations Board’s (NLRB) policy of declaring as unlawful employee-signed arbitration agreements that include class action waivers. In its 5-4 decision on May 21, the court held that the Arbitration Act’s strong policy that favors arbitration requires the enforcement of valid arbitration agreements. This puts an end to a six-year period of uncertainty regarding the legality of employee class action waivers that started…

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18 May 2018 Employer Handbook Policies Still in the Crosshairs: NLRB Judge Strikes Down Employer’s Moonlighting Policy

In case you thought the NLRB’s December decision in Boeing Co. meant the end of the board’s uber-zealous scrutiny of employer handbook policies – think again. In Boeing Co. the board articulated an apparently less exacting standard for reviewing whether employer policies violate the act, vowing to balance employer justifications for such policies against the alleged imposition on the rights of employees from the maintenance of the policies. However, a recent decision applying the Boeing…

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11 Apr 2018 Senate Confirms Ring to NLRB, Restoring 3-2 Republican Majority

The U.S. Senate voted 50-48 along party lines on Wednesday to confirm President Trump’s Republican NLRB nominee, John Ring, restoring the Board to a full complement of five members. This once again gives Republicans a 3-2 majority on the Board, which has operated with a 2-2 Republican-Democrat deadlock since December 16, when Republican Chairman Philip Miscimarra’s term expired.   Just prior to Miscimarra’s departure in December, the Board issued a flurry of decisions overturning a…

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20 Nov 2017 Unions Struggling to Negotiate Wage Increases on Par With 2016

  A collection of 590 union contracts negotiated in September and October reveals that on average, unions have been unable to obtain pay hikes at the levels they did last year. In 2016, the average first-year increase negotiated by unions was 2.8 percent. However, the most recent contracts from this year reveal an average first-year increase of only 2.5 percent. The data on these recent contracts show that private sector non-manufacturing unions have struggled more…

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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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20 Jun 2017 Public Union Forced “Agency Fees” on the Chopping Block Again

  The issue of forcing unionized public employees to pay union “agency fees” is teed-up for the Supreme Court once again. Mark Janus, an employee of the state government of Illinois who is represented by the American Federation of State, County and Municipal Employees appealed a decision of the U.S. Court of Appeals for the Seventh Circuit last week that upheld 40-year-old Supreme Court precedent holding that forcing public employees represented by unions to pay…

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