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23 Feb 2018 Revoking Dues Check-offs – You’ve Got to Follow the Card

  The Sixth Circuit Court of Appeals has delivered the latest reminder to those attempting to stop paying union dues – you have to follow the language on your dues check-off card and you have to follow it precisely.   In Ohlendorf et al. v. United Food & Commercial Workers International Union, Local 876, the plaintiffs had signed checkoff authorization forms, which like most dues check-off forms, declared that they could not be revoked by…

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14 Feb 2018 Board’s New Boeing Test Still Blocks Separation Agreements

    A National Labor Relations Board Administrative Law Judge (ALJ) has taken the first whack at applying the Board’s new test in Boeing.  He concluded that terms included in a university medical center’s separation agreements were phrased in such broad terms that they interfered with employee rights under the National Labor Relations Act (NLRA).   The ALJ focused on two terms of the separation agreements that Baylor University Medical Center had offered to 27…

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26 Jan 2018 Kentucky’s Right-to-Work Law Upheld by Court

  A Kentucky state court judge has granted a motion to dismiss a lawsuit brought by Teamsters’ Local 89 from Louisville, which claimed that Kentucky’s new Right-to-Work Act constituted a “taking” by the state in violation of the Kentucky Constitution.   The state’s constitution prohibits the state from “taking … private property for public use without compensation.” The Teamsters argued that the new law constituted a “taking” because it allowed “freeloaders” to have the benefit…

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25 Jan 2018 Indiana’s Union Membership Falls 12.5 Percent

  Is Indiana’s Right-to-Work Act adversely affecting union membership throughout the state? That seems to be the logical conclusion based upon statistics released by the Bureau of Labor Statistics (BLS).   According to the recently released BLS numbers, Indiana had 266,000 dues-paying union members in 2017, down from 304,000 union members in 2016. That’s a 12.5 percent decline in union membership.   Those 266,000 union members are 8.9 percent of Indiana’s total 2017 workforce. In…

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05 Sep 2017 Second Circuit Affirms NLRB Position on Broad Confidentiality Agreements

  You can’t force employees to sign confidentiality agreements that prohibit them from disclosing “non-public information intended for internal purposes” or that bar them from speaking with any “media source” without the employer‘s permission. The NLRB decided that issue on June 14, 2016, and the U.S. Court of Appeals for the Second Circuit affirmed the NLRB’s decision on Aug. 31.   The employer, Long Island Association for AIDS Care Inc. (LIAAC), is a not-for-profit, non-union…

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23 Aug 2017 There’s a Hole in Your Bucket: 114 Multiemployer Pension Funds on Track to Fail

  Some 114 multiemployer pension funds are on track to fail within the next 20 years, according to a report published this week by Cheiron, Inc., an actuarial consulting firm. Cheiron’s report indicates that these 114 pension plans covering nearly 1.3 million workers are underfunded by $36.4 billion and lack sufficient assets to pay retirees and current employees the full benefits under their pension plans.   Multiemployer pension plans, also called Taft-Hartley Funds, are used…

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19 Jul 2017 NLRB Rolls Snake Eyes Before D.C. Circuit

  The U.S. Court of Appeals for the D.C. Circuit recently dealt casinos  a winning hand by overturning a ruling of the National Labor Relations Board (NLRB). This time the court determined the NLRB  incorrectly included surveillance techs at the Bellagio and Mirage Hotels as members of a larger unit seeking representation  by the International Association of Operating Engineers.   In a split decision, the court determined that the surveillance techs who control the casinos’…

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10 May 2017 Judge Blocks Pilot Slowdown at Spirit Airlines

  Spirit Airlines secured a temporary restraining order on May 9 against the Air Lines Pilot Association (ALPA) that called for the pilots’ union to stop its alleged work slowdown against the carrier.   U.S. District Judge William P. Dimitrouleas issued the emergency order, saying that Spirit “will suffer immediate and irreparable damage in the form of damage to its business reputation and customer goodwill, increased costs for measures designed to avoid flight delays and…

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01 May 2017 NLRB Appointments in the Works?

  Published reports indicate that two appointments are in the works for the NLRB that will bring the Board up to its full complement and finally swing the Board’s majority back to the Republicans.   Bloomberg BNA is reporting that the Trump Administration has narrowed the field down to Marvin Kaplan and William Emanuel to fill the two openings on the Board.  Kaplan is an attorney for the Occupational Safety and Health Review Commission, an…

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13 Apr 2017 Purple Communications NLRB Decision Teed Up for Appeal?

  In a curious brief decision last week, the NLRB determined Purple Communications Inc. had conceded that there existed no “special circumstances” justifying its corporate email policy. As a result, the board entered an order confirming that the company’s email policy violated the National Labor Relations Act (NLRA).   As you may remember from a previous post, the NLRB’s 2014 decision in Purple Communications set off a bit of a firestorm when the board concluded…

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