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30 Apr 2018 NLRB Expands Unions’ Ability to Acquire Information to Investigate Discrimination Complaints

On April 13, 2018, the NLRB found that an employer was required to provide a union with individual contracts that were not contemplated under the relevant collective bargaining agreement (CBA) in order for the union to review the contracts and investigate complaints of gender discrimination. The principal flutist in the Colorado Symphony Association informed the union that she believed she was being paid less than her male counterparts. At that time, the flutist was in…

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02 Feb 2018 Supreme Court to Decide Whether “Fair Share” Fees Violate Free Speech

  On February 26, 2018, the United States Supreme Court is set to hear arguments regarding whether public employees who decide to not join their designated union may still be charged “agency fees” in support of collective bargaining in the case styled as Janus v. American Federation of State, County, and Municipal Employees. The Court’s 1977 decision in Abood v. Detroit Board of Education allows unions to charge fees to non-members for collective bargaining, but…

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19 Jan 2018 Trump Fills Final Vacancy on NLRB, Returns NLRB to Republican-Led Majority

  Employers may have thought the good news emanating from the National Labor Relations Board (NLRB) in the last month has died down. But things are only just getting started. On Jan. 12, President Trump filled the final vacant position on the NLRB, replacing the recently departing board chair Phillip Miscimarra with John Ring, a management-side labor law attorney with Morgan Lewis. This appointment would return the five-member board to a 3-2 Republican-led majority, and…

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11 Dec 2017 Employers Face the Music: NLRB Judge Rules Musicians May Protest Outside Auditorium

  As with property, many union protests seem to boil down to three things: Location, location, location! After being ushered across the street, union members’ recent protest outside the Tobin Center of Performing Arts in San Antonio, Texas, hit a high note with an NLRB administrative law judge who held the union members had a right to protest outside the auditorium. This decision serves as a caution that employers may have to relinquish some control…

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27 Sep 2017 High Court to Resolve Whether Class Action Waivers Violate NLRA

  On Oct. 2, the U.S. Supreme Court will resume its fall session and tackle, among other issues, whether class action waivers in arbitration agreements are valid and enforceable under Section 7 of the National Labor Relations Act (NLRA). The court will consider a consolidated set of cases emerging from the U.S. Court of Appeals for the Fifth, Seventh and Ninth Circuits, which have taken conflicting views on this question. The court’s resolution of this…

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08 Aug 2017 D.C. Circuit Calls Out NLRB in Ruling on Union Access to Employer Property

  As union membership continues to fall, unions have tried to heighten their levels of organizing activity at employers’ workplaces. Because such activity tends to take place during employee working hours, and can be disruptive to working time, it is no surprise that some employers try to restrict the level of communication between union agents and its employees on its premises.   The National Labor Relations Board (NLRB) has not always signed off on employers’…

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03 Aug 2017 “And the Fourth Seat Goes To….” Senate Confirms Nomination of Kaplan to NLRB, Delays Vote on Nomination of Emanuel

    Authored by Steve Hernandez and Minal Khan.   Early on Aug. 2, the Senate approved President Trump’s nomination of Marvin Kaplan to fill a vacant seat on the National Labor Relations Board (NLRB). The Senate approved Kaplan on a close 50-48 vote, which, unsurprisingly, was split along party lines. Kaplan’s confirmation puts the Board closer to attaining what would be the first Republican-led majority in nearly a decade.   Kaplan’s confirmation is welcome…

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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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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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10 Jul 2017 Department of Labor Aims to Rescind ‘Persuader Rule’; Comments Due Aug. 11

  Last month, the U.S. Department of Labor (DOL) submitted a notice of proposed rulemaking intended to rescind what is known as the “persuader rule.” We previously reported that the persuader rule, which was first published in 2016 during the Obama administration, was controversial and had been tied up in litigation for months; at the end of 2016, a federal court stopped it from being enacted. The rule would have required employers to publicly disclose…

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