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29 Jan 2014 A “Hail Mary”? Northwestern Student-Athletes File Union Petition with the NLRB

On Tuesday, Jan. 28, 2014, a group of college football players for Northwestern University filed a petition with the National Labor Relations Board (NLRB) asking that they be represented by a labor union. Former Northwestern quarterback Kain Colter announced that the union seeking to represent the players is the College Athletes Players Association, which is backed by the United Steelworkers Union. This case raises a very interesting labor issue: Are student-athletes “employees” under the National…

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27 Jan 2014 “The More Things Change, The More They Stay The Same”: Bureau of Labor Statistics Releases Report On U.S. Unionization Rates For 2013

On Friday, Jan., 24, 2014, the federal Bureau of Labor Statistics released its annual report on unionization statistics in the U.S. for 2013. There were a number of findings in the report, but things remained relatively unchanged from 2012. Here are some of the highlights: 1.  The overall percentage of U.S. workers belonging to labor unions in 2013 remained at 11.3 percent (the same overall percentage as 2012). 2. The overall percentage of private-sector union employees…

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10 Jan 2014 NLRB Weekly Summary of Decisions for Dec. 16-20, 2013 and Dec. 23-27, 2013

The National Labor Relations Board (NLRB) has updated their website with a weekly summary of decisions for the week of December 16-20, 2013 and Dec. 23-27, 2013. The summary of NLRB decisions can be accessed by visiting the NLRB’s website or by clicking on the links that we’ve provided our readers with below. National Labor Relations Board: Summary of Decisions for December 16-20, 2013. National Labor Relations Board: Summary of Decisions for December 23-27, 2013….

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05 Jan 2014 NLRB Fails to File Appeal to the Supreme Court for Review of its “Poster Rule”

It looks like the NLRB’s proposed “Poster Rule” is officially dead. In 2011, the NLRB proposed issuing a rule known as the “Notification of Employee Rights under the National Labor Relations Act”, which commonly was referred to as the “Poster Rule.” The rule was issued pursuant to the Board’s seldom used rulemaking authority, and it would have obligated millions of companies around the country to display an 11-by-17-inch notice in a conspicuous location explaining the…

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02 Jan 2014 Federal Court of Appeals Holds that Disparate Discipline and Anti-Union Remarks Support First Amendment Claims of Police Officer and Union

Happy New Year! We’ll kick off the blog this year with a note on an interesting court decision regarding public sector unions. On New Year’s Eve, the Tenth Circuit, in Cillo v City of Greenwood Village, reversed summary judgment entered by a lower court and held that a reasonable jury could conclude a police officer’s union activity was a substantial motivating factor in the decision to fire him based on evidence that he was terminated…

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30 Dec 2013 Federal Court Prohibits Union From Striking To Prevent Sale Of Business To Non-Union Employer

Last week a New York federal district court granted a preliminary injunction against the Teamsters union after it threatened to go on strike against Will Poultry, Inc. if the company proceeded to sell its business to a non-union purchaser who had no plans of assuming the parties’ collective bargaining agreement (CBA).The parties’ CBA did not have a “successor clause” or any other language obligating a purchaser to assume or otherwise recognize the Teamsters union upon a…

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28 Dec 2012 And the Hits Keep On Coming! Board Alters Approach on Witness Statements

For the last 30 years, the NLRB has held that employers were not required to produce to a Union copies of witness statements gathered in the course of an employer’s disciplinary investigation. In Anheuser-Busch, Inc., 237 NLRB 982 (1978), the Board had held that witness statements were confidential material and that “an employer’s duty to furnish information under Section 8(a)(5) of the National Labor Relations Act (NLRA) does not encompass the duty to furnish witness statements.” The Board concluded in that case…

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