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27 Dec 2016 Past Isn’t Prologue: Study Finds NLRB Nullified 4,500+ Years of Precedent Over Last Eight Years

  Anyone following labor law over the last eight years knows the National Labor Relations Board (NLRB) has been very active and made extensive changes, including overturning long-standing precedent. From altering the test used to evaluate “micro-units” to modifying the standard for finding “joint employers” and allowing college graduate assistants the right to form unions, the scope of departure from past precedent has been vast. Indeed, according to a recent study conducted by the Workplace…

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29 Nov 2016 And You Thought Trump-Clinton Was Close: Hoffa Squeaks Out Win To Remain Teamsters’ President

  It is (or was) election season and while the spotlight is (or was) focused on the Trump-Clinton and other federal and state government races, another significant election occurred this month: voting for officers of the International Brotherhood of Teamsters Union. James P. Hoffa – son of the late Jimmy Hoffa – has been the general president of the Teamsters since 1998. During his tenure, he has overseen various changes within the Teamsters, such as the union’s…

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01 Nov 2016 U.S. Chamber of Commerce Report Confirms NLRB’s Infamous Specialty Healthcare Decision Has Given Rise to More Micro-Units

  Five years ago, the National Labor Relations Board (NLRB) issued its now infamous decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934, 940 (2011) that paved the way for a slew of “micro-units” being certified by the NLRB (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply to certain healthcare bargaining units). For those unfamiliar with micro-units, when filing an election petition with the…

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05 Oct 2016 The Hits Keep On Coming: NLRB General Counsel’s Office Seeks Potential Modifications to the Law Regarding Intermittent Strikes

  National Labor Relations Board (NLRB) case law has long held that  while “full” strikes constitute protected activity under the National Labor Relations Act (NLRA), intermittent strikes (a pattern of going out, coming back, going out again) generally are unprotected. “Unprotected” does not mean that a labor union is prohibited from engaging in the activity (i.e., they do not constitute an 8(b) violation under the Act); rather, it means employees engage in the activity at…

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07 Sep 2016 NLRB Member Kent Y. Hirozawa’s Term Expires – But He Left His Mark On U.S. Labor Law

  Kent Y. Hirozawa’s term as a National Labor Relations Board (“Board”) member expired on August 27, 2016, leaving the Board with three members (the minimum number needed for a quorum). Hirozawa originally was sworn in as an appointee of President Barack Obama on August 5, 2013. Widely viewed as a “pro-labor” Board member, he participated in numerous Board decisions / actions during his three years that pose profound implications for employers. To wit:  …

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08 Aug 2016 Employers’ Role In Decertification Efforts Continue To Receive Intense Scrutiny

  Decertification petitions are a mechanism under which employees can vote to get rid of their union in the workplace. Employers’ efforts during employees’ decertification efforts, however, always receive much scrutiny from the National Labor Relations Board (NLRB).   The NLRB generally only permits “ministerial aid” by an employer prior to the filing of a petition (e.g., an employer may be able to answer technical questions about the timing for filing such a petition in…

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15 Jun 2016 NLRB’s “Ambush Election Rules” Get Stamp of Approval from Fifth Circuit

On June 10, the Fifth Circuit Court of Appeals upheld the National Labor Relations Board’s (NLRB) controversial “ambush election rules” that went into effect in April 2015. As we have extensively covered in past posts, the new election rules have resulted in much shorter time periods between the filing of union election petitions and the elections themselves.   The Fifth Circuit’s decision was on appeal from a federal district court in Texas that had dismissed…

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18 May 2016 More Money, More Problems: Unions Demand AFL-CIO Cease Dealings with PAC Backed by Billionaire Environmentalist

Fox News is reporting that the heads of seven unions within the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) have written to the president of the confederation, Richard Trumpka, and demanded that it cease making political donations to the For Our Future Political Action Committee (PAC).   The heads of the unions apparently are opposed to any further contributions, which are derived from employees’ dues payments, being made to the PAC because it is…

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16 May 2016 U.S. Chamber of Commerce Publishes State Labor Law Reform Report

On May 12, the U.S. Chamber of Commerce published a detailed 48-page report analyzing various state laws that have been (or could be) enacted that impact labor relations at the state level. For example, the report discusses at length Right-to-Work laws, laws prohibiting the use of “project labor agreements” and “mass picketing” statutes. It is an interesting read, and a copy can be found here. David PryzbylskiRecently recognized as one of the top under-40 labor lawyers…

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07 Apr 2016 ‘Tis The Season: Unions Continue To Spend Significant Amounts Of Employees’ Dues Money On Political Causes

POLITICO ran a very interesting story this week detailing how the Communications Workers of American union (CWA) has donated more than $40 million to political campaigns since 1990. Given the CWA only gets its funds from one source – employee paychecks – that is a very sizable sum. While massive political donations by unions is “old news” in many ways, this particular article looked at a potential “conflict” issue that may arise when CWA-represented journalists…

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