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BT Labor Relations - Current News and Practical Analysis
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05 Jan 2018 Trump’s NLRB Signals It Will Revisit Board’s Stance On ‘Confidential Severance Agreements’

  On Dec. 27, 2017, the National Labor Relations Board (NLRB) issued an order in which President Trump’s two appointed members – Marvin Kaplan and William Emanuel – stated that they want to revisit the board’s stance on confidentiality provisions contained in severance agreements (i.e., provisions that prohibit disclosures related to the terms and sometimes even the existence of the agreement). The two members specifically noted in the order that “they believe that, to the…

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03 Jan 2018 Has Your Company Had an NLRB Charge Filed Against It Recently? If So, Here Are Two BIG Developments You Need to Know

  On Dec. 1, 2017, new National Labor Relations Board (NLRB) General Counsel Peter Robb issued a sweeping memo identifying various changes for the way his office may be handling a variety of issues before the board. The memo is jam-packed with many interesting points, but there are two critical ones that may immediately affect unfair labor practice charge investigations and litigation.   The first change deals with the NLRB’s “deferral policy.” For decades, the NLRB…

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27 Dec 2017 The Gifts Keep On Comin’: NLRB GC Memo Signals Favorable Change for Employers in Union Elections

  On Dec. 15, the National Labor Relations Board announced in its PCC Structurals, Inc. decision that it had overruled its infamous Specialty Healthcare precedent and eliminated the “overwhelming community of interest” standard for employers opposing micro-units. According to the NLRB’s press release on PCC Structurals: “The Board has now abandoned the ‘overwhelming’ community-of-interest standard. In today’s decision, the Board stated that ‘here are sound policy reasons for returning to the traditional community-of-interest standard that the…

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18 Dec 2017 All the King’s Horses and All the King’s Men CAN Put Humpty Dumpty Together Again: NLRB Overrules Specialty Healthcare, Potentially Reducing Number of Fractured Bargaining Units

  The National Labor Relations Board (NLRB) capped one of the most notable weeks in its history by issuing a decision that overruled the agency’s now infamous Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), decision. That decision paved the way for a slew of micro-units being certified by the NLRB over the last five-plus years (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply…

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13 Dec 2017 NLRB Shuttering Its Alaska Office

  The National Labor Relations Board (NLRB) is moving forward with plans to close its office in Anchorage, Alaska – the lone physical office in that state. This follows an announcement by the agency earlier this year that it was contemplating such a move. While the physical office is closing, the NLRB will continue to have at least one agent located in the state to process cases. The office will close on Dec. 29, 2017….

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12 Dec 2017 Roll It Back? NLRB Potentially Contemplating Rescinding ‘Quickie Election Rules’

  In a potentially monumental development, the National Labor Relations Board (NLRB) announced on Dec. 12 that it is seeking input from the public regarding the NLRB’s 2014 Election Rule (aka “Quickie Election Rules” or “Ambush Election Rules”). According to a press release, the NLRB specifically is evaluating whether the rule should remain as is, be modified, or rescinded in its entirety. The press release provides instructions for submitting feedback.   A recently released report…

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12 Dec 2017 And So It Begins…Trump NLRB Overturns Obama NLRB Precedent for First Time

  On Dec. 11, the newly constituted National Labor Relations Board (NLRB) – which has a 3-2 pro-employer majority for the first time in nearly a decade due to appointments made by President Trump – overruled, for the first time, Obama-era precedent. Specifically, in a case involving the University of Pittsburgh Medical Center (UPMC), the NLRB overruled Obama-board precedent that made it more difficult for employers to resolve unfair labor practice complaints.   The NLRB released…

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08 Dec 2017 Switching Sides: DOJ Reverses Course, Now Opposes Mandatory Public Union Fees

  The battle over mandatory public union fees for government workers has been brewing for years, and the issue is again before the U.S. Supreme Court. The case, Janus v. American Federation of State, County and Municipal Employees, concerns an Illinois state  employee who claims the fees violate his First Amendment rights. The employee is not a member of the American Federation of State, County and Municipal Employees, but is required to pay fees to…

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01 Dec 2017 Union Retirement Plan Hit With Class Action Lawsuit Alleging Excessive Fees

  On Nov. 30, a class action lawsuit was filed against the trustees of the Supplemental Income 401(k) Plan, a union retirement plan that covers more than 27,000 Teamsters as well as other union-represented employees. The lawsuit was filed in federal court in California – where the $921 million retirement fund is based.   The 26-page complaint alleges that the retirement plan failed to offer “lower priced alternative classes of mutual funds” that were available…

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28 Nov 2017 Have Union Strikes Gone By the Wayside?

  Bloomberg BNA published an article on Nov. 27 examining the ever declining amount of union-sponsored strikes in America. According to the report, “The number of strikes held in 1990 was 793, and that dropped to 102 in 2015.” Various factors may be affecting this, including the ongoing decline in the number of American private sector union members (only 6.4 percent of all such workers belong to a union now) and the fact many workers…

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