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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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10 Mar 2017 Browning-Ferris Joint Employer Test Argued Before D.C. Circuit

  Oral argument was heard on Thursday, March 9 before the D.C. Circuit Court of Appeals in Browning-Ferris’ continued effort to overturn the NLRB’s new Joint Employer test.   According to published reports, the tone of the questioning from the three-judge panel should give some hope to employers rooting for a reversal of the Board’s broad new test.  Judge Patricia Millett, according to the National Law Journal, “dominated most the argument time of both sides.”…

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09 Feb 2017 Missouri Adopts Right-to-Work, Are the Feds Next?

  This week, Missouri Gov. Eric Greitens signed into law Missouri’s new Right-to-Work Act. At roughly the same time, Republican Reps. Steve King of Iowa and Joe Wilson of South Carolina introduced the national Right-to-Work Act that would amend the National Labor Relations Act and the Railway Labor Act to remove language allowing unions to require membership as a condition of employment.   Republicans, including King and Wilson in 2015, have tried to push a…

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13 Jan 2017 U.S. Supreme Court to Decide D.R. Horton Arbitration Waiver Issue

  The U.S. Supreme Court on Friday agreed to hear three cases all related to the National Labor Relations Board (NLRB) decision in D.R. Horton in which the NLRB held that companies that require employees to sign class action waivers violate their rights to act collectively under Section 7 of the National Labor Relations Act (NLRA).   Though class action waivers have previously been upheld by the U.S. Supreme Court under the Federal Arbitration Act…

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09 Jan 2017 Kentucky Doubles Down: Right to Work and No Prevailing Wage

  Over the weekend, Kentucky became the 27th state in the U.S. to pass a statewide Right-to-Work Act. And while they were at it, the Kentucky senate also passed a bill eliminating the commonwealth’s prevailing wage act for public construction projects. Both bills take effect immediately.   Kentucky Gov. Matt Bevin signed a right-to-work measure into law this weekend. Republicans had introduced the measure on Jan. 3 at the start of the legislative session and…

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