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BT Labor Relations - Current News and Practical Analysis
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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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25 Apr 2018 Not So Fast: NLRB GC Urges Board To Modify ‘Ambush Election Rule’

Few developments at the National Labor Relations Board (NLRB) in recent years caused as much consternation for employers as the agency’s 2015 “ambush election rule.” That rule significantly truncated the amount of time a company has to express its opinion to its workforce on potential unionization by its employees prior to an election being held. The NLRB announced on Dec. 12, however, that it was seeking input from the public regarding the rule. According to…

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23 Apr 2018 Lost In The Mail: Invalid Mailing Addresses Cost Company Union Election

  When faced with a petition by employees seeking to unionize a workplace, employers generally must provide the National Labor Relations Board (NLRB) and union with a list of all the employees at issue that contains the workers’ contact information, including home addresses. This list is frequently referred to as a “voter list.” When employees have P.O. box addresses on file with an employer for mailing purposes in addition to physical home addresses, though, must…

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16 Apr 2018 Musical Chairs: Ring Named Chairman of the NLRB

After being confirmed by the Senate as the newest National Labor Relations Board (NLRB) member last week, John Ring now has been appointed the agency’s chairman by President Trump.   The NLRB announced in a press release on April 16, “John F. Ring was sworn in today as Chairman of the National Labor Relations Board (NLRB) for a term ending on December 16, 2022. He succeeds Philip A. Miscimarra, who served on the Board from…

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13 Apr 2018 UPDATE: Does Misclassifying Employees As Independent Contractors Violate Labor Law?

  Whether it be the Internal Revenue Service (IRS), the Department of Labor (DOL), or state unemployment or workers’ compensation agencies, employee versus independent contractor status always is a hot issue. Missteps by employers in this area can result in back taxes, penalties, and more. The question has been looming, however, whether the National Labor Relations Board (NLRB) also would be throwing itself into the misclassification analysis fray with other agencies. Specifically, the board previously…

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11 Apr 2018 ‘Show Me the Money’: Unions Demanding To Share In The Benefit Of Corporate Tax Cuts

According to a recent report by USA Today, unions are demanding companies share some of the economic benefit the employers may see from the recently implemented corporate tax cuts. The unions pushing on this front include the Communications Workers of America, Service Employees International Union, and the Teamsters. This follows reports earlier this year predicting that labor organizations may seek to be aggressive on wage hikes based on the tax relief. The fact that many…

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05 Apr 2018 Wolf Guarding The Hen House? Group Demands Investigation Into NLRB’s Inspector General.

  The Inspector General of the National Labor Relations Board (NLRB) has had a busy 2018, as he has had to investigate at least two members for alleged improper conduct. The first investigation involved Member Emanuel and allegations he should have recused himself from a case last year dealing with joint-employer status under the National Labor Relations Act due to a purported conflict of interest. The second investigation involves Member Pearce and an allegation he…

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03 Apr 2018 Employees Urge NLRB To Overturn The “Ambush Election Rule”

  Few developments at the National Labor Relations Board (NLRB) in recent years caused as much consternation for employers as the agency’s 2015 “ambush election rule.” That rule significantly truncated the amount of time a company has to express its opinion to its workforce on potential unionization by its employees prior to an election being held. The NLRB announced on Dec. 12, however, that it was seeking input from the public regarding the rule. According…

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30 Mar 2018 Loose Lips Sink Ships: Obama-Appointed NLRB Member Under Investigation

  The National Labor Relations Board’s (NLRB) Inspector General appears to be very busy these days. Indeed, the NLRB made headlines last month when it vacated a decision from last year as a result of a board member having a potential conflict of interest. That result specifically came about after the agency’s Inspector General issued a report on the purported conflict.   Now, Bloomberg BNA is reporting that the Inspector General is investigating former Obama-appointed…

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28 Mar 2018 Right-to-Work in Illinois? One Village is Trying.

  Illinois is completely surrounded by right-to-work states that have laws making it unlawful for companies to require union dues as a condition of employment. While the state of Illinois is unlikely to pass such legislation of its own, the Illinois village of Lincolnshire attempted to enact a right-to-work ordinance in 2015 that would have been applicable to companies and unions within its borders. Unions filed a lawsuit to have the village’s ordinance voided, and…

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