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20 Jun 2018 No, Thank You: Boeing Declines Union’s Invitation To Bargain, Setting Up Micro-Unit Appeal

Earlier this month, 180 technicians at a Boeing plant in South Carolina voted to have the International Association of Machinists and Aerospace Workers become their bargaining representative. There are approximately 7,000 employees at the facility, and the union failed on two prior occasions in previous, recent years to have all employees at the site be represented. Not to be deterred, the union then targeted this smaller subgroup (i.e., micro-unit) and now has a foothold at…

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19 Jun 2018 Have An Employee Handbook Or Other Personnel Policies? Here’s A BIG Development You Need To Know

From social media policies to positive workplace environment statements to non-employee access to company property procedures, the National Labor Relations Board (NLRB) – under the prior presidential administration – struck down numerous company personnel policies in recent years on grounds they “chilled” employees’ ability to engage in protected activity under the National Labor Relations Act (NLRA). The board generally cited Section 7 of the NLRA as support for its positions, which protects employees engaging in…

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07 Jun 2018 Teamsters On The Hook For Full Back Pay, Says NLRB

The National Labor Relations Act protects the rights of employees with respect to both employers and labor organizations (i.e., unions). A recent decision by the National Labor Relations Board (NLRB) regarding the Teamsters is another reminder that unions – just like employers – can be held liable for damages stemming from labor law violations.   At issue in the case was the Teamsters’ unlawful operation of an exclusive hiring hall. Specifically, it was found that…

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06 Jun 2018 Fireworks! NLRB Chairman Fires Back At Senators, Confirms Agency Will Address Joint-Employer Issue Through Rulemaking

National Labor Relations Board (NLRB) Chairman John Ring issued a letter to several U.S. Senators on Tuesday, June 5 addressing concerns they previously raised with the head of the labor board regarding potential rulemaking on the standard the agency uses for evaluating joint-employment. Specifically, Ring vehemently rejected any contention that the board was considering rulemaking to somehow circumvent ethical restraints; pronounced the NLRB officially is going forward with rulemaking to address the agency’s standard for…

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04 Jun 2018 Fractured Workforce: Union Scores “Micro-Unit” Election Win At Boeing

Employers breathed a collective sigh of relief at the end of last year when the National Labor Relations Board (NLRB) announced that it had overruled the agency’s infamous 2011 Specialty Healthcare decision that made it easier for unions to form “micro-units” (i.e., organize smaller segments of workforces at company sites).   For those unfamiliar with micro-units, when filing an election petition with the NLRB, a union must identify a legally appropriate group of employees (i.e.,…

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30 May 2018 Senators Express Concern Over Labor Board’s Planned Rulemaking

Several U.S. Senators recently sent a letter to National Labor Relations Board (NLRB) Chairman John Ring expressing concern over the agency’s planned rulemaking with respect to the standard the board uses for evaluating “joint employment,” according to a new report from Bloomberg BNA. Specifically, Sens. Elizabeth Warren (D-Mass.), Bernie Sanders (I-Vt.), and Kirsten Gillibrand (D-N.Y.) stated in their letter that the potential rulemaking may be an attempt to “evade the ethical restrictions” pertaining to NLRB…

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22 May 2018 Loose Lips Don’t Sink Ships: NLRB Member Cleared By Agency Inspector General

The National Labor Relations Board’s (NLRB) Inspector General recently began an investigation into NLRB Member Pearce related to comments he made at a conference regarding a pending matter. The matter he commented on was the Hy-Brand Industrial Contractors case that came down last year from the Trump board on joint-employer status but later was overturned due to an alleged conflict of interest by a presiding member.   According to a prior report from Bloomberg BNA:…

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17 May 2018 One Way Or Another: Trump NLRB Coming at Joint-Employer Standard from New Angle

President Trump’s newly constituted National Labor Relations Board (NLRB) made waves at the end of last year when it issued a slew of significant decisions, including one that overturned an Obama NLRB decision that relaxed the standard for finding “joint-employment” status between two or more companies.   Many employers celebrated the overturning of the Obama board joint-employer decision, but that celebration was short lived because the NLRB’s inspector general issued a report earlier this year…

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07 May 2018 What Not To Wear: Employer Dress Code Policy Ruled Unlawful

Many companies implement policies and/or guidelines regarding acceptable attire in the workplace, but the National Labor Relations Board (NLRB) often scrutinizes such policies and believes them to be unlawful to the extent they impair employees’ ability to wear union-affiliated items, absent special circumstances. The board’s rulings in this area apply to both union and non-union employers alike.   The NLRB recently issued a decision in the case Long Beach Memorial Medical Center , in which…

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02 May 2018 Don’t Pick and Choose: Company’s Inconsistent Rules Enforcement Results in Employee Terminations Being Overturned

Employee discharge decisions often form the basis for disputes – whether they arise in court or before administrative agencies. Such decisions routinely are challenged by unions before the National Labor Relations Board (NLRB), and the agency has overturned terminations and reinstated workers in situations even where egregious misconduct was at issue. The board recently issued a decision where it overturned two employee terminations as a result of selective rules enforcement, which demonstrates yet again the…

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