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23 Mar 2018 Scandal Alert – Ex-UAW Official’s Big Splurging Spree Leads To Another LMRA Indictment

  The federal probe into the illegal use of blue-collar training funds, used to allegedly “keep union leaders fat, dumb, and happy” during the run up to the last round of Chrysler/UAW negotiations, continues to expand. You can see our past coverage on this issue here:   Union Corruption Double Take: The UAW, FCA, Shoes, Shotguns and a Deepening Federal Probe, Union Corruption: UAW and Auto Manufacturer Officials Allegedly Embezzled Millions in Union-Member Funds, FBI…

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28 Dec 2017 Specialty Healthcare Death Throes Continue

  A week before Christmas employers got an early present when the newly constituted republican majority at the NLRB overruled the “overwhelming community-of-interest” unit configuration union election standard set out in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011).  In PCC Structurals, Inc., 365 NLRB no. 160 (December 15, 2017) the NLRB reset the clock and went back to applying its traditional community-of-interest factors when determining an appropriate unit (the proper…

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22 Dec 2017 Trump Elects New NLRB Chair

  In the wake of last week’s sweeping rebuke of a number of Obama-era precedents, President Trump has named National Labor Relations Board (NLRB) member Marvin E. Kaplan as acting chairman of the board. Kaplan replaces former chairman Philip A. Miscimarra whose term expired on Dec. 16.   The current board includes the following members: Mark Gaston Pearce, an Obama appointee whose term expires Aug. 27, 2018 Lauren McFerran, an Obama appointee whose term expires…

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14 Nov 2017 NLRB Protected Concerted Activity or Harassment – Will Employers Finally Get Clarity?

  Yesterday, it was announced the NLRB and EEOC will issue a guidance in an effort to help employers better understand overlapping obligations under the National Labor Relations Act (NLRA) and Title VII. The guidance no doubt is the result of a longstanding tension between an employee’s right to openly communicate about workplace issues (protected concerted activity) and an employers’ obligation under Title VII to prevent workplace harassment and bias, and be proactive about doing…

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03 Nov 2017 FBI Autocompany/Union Training Center Corruption Investigation Widens

  The Detroit News is reporting that the corruption investigation into the United Auto Workers (UAW) training centers for workers is expanding to training centers funded by all three Detroit automakers. The article also indicates the automakers themselves are not a target.   The initial FBI investigation focused solely on Fiat Chrysler (FC) and the UAW. Indictments of a FC executive and UAW staff followed. However, the Detroit News is now reporting investigators are possibly interested in Joe Ashton, a retired…

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02 Oct 2017 D.R. Horton Reaches New Heights – U.S. Supreme Court Hears Oral Arguments

  On Oct. 2, the U.S. Supreme Court heard oral arguments in a consolidated trio of cases all addressing whether class action waivers in individual arbitration agreements violate the National Labor Relations Act (NLRA).   In D.R. Horton, the National Labor Relations Board (NLRB) held such class action waivers violated the NLRA. Appeals followed to various federal circuit courts, with the U.S. Court of Appeals for the Fifth, Eight and Second Circuits striking down the…

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24 Aug 2017 Union Corruption Double Take: The UAW, FCA, Shoes, Shotguns and a Deepening Federal Probe

  As we reported on Aug. 11, the Department of Justice (DOJ) is investigating United Auto Workers (UAW) officials and a former Fiat Chrysler official in a massive $4.5 million corruption probe. On Aug. 18, the stakes were raised for the UAW.   The DOJ officially charged former UAW official Virdell King on Aug. 18 with violations of the Labor Management Relations Act (LMRA). King was a senior UAW official responsible for administering national collective…

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12 Jul 2017 Playing Hardball – NLRB Holds High School Lacrosse Referees Are Employees, Not Independent Contractors

  On July 11, the National Labor Relations Board (NLRB) held that junior high and high school lacrosse referees that provided their services through the Pennsylvania Interscholastic Athletic Association (PIAA) were statutory employees under the National Labor Relations Act (NLRA) and not independent contractors. The NLRB’s decision clears the way for negotiations between the represented referees and the PIAA based on a vote that favored the union. It also makes way for union organizing for…

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21 Apr 2017 Union Body Count and Big Spending

  Last year, some of the country’s biggest unions continue to hemorrhage membership, while others spent big dollars on organizing for modest gains in membership. In 2016, the union membership body count was not insignificant. According to LM-2 filings:   Steelworkers lost 20,000 members United Food and Commercial Workers (UFCW) lost nearly 14,000 members Teamsters lost almost 5,800 members Machinists lost nearly 5,500 members   This continues a trend seen over the last decades. The…

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14 Apr 2017 Tax Breaks for Union Members Despite New York’s Financial Problems

  New York’s Legislature is giving union dues payers a tax break. While a number of states (and even municipalities) have passed right-to-work laws so union workers do not have to forcibly pay union dues, New York has taken a decidedly different approach. On April 10, New York passed a law allowing union dues and agency fees to be completely tax deductible, effectively giving a tax break to union members.   New York’s union “dues deduction”…

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