Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
0

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…

READ MORE
0

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…

READ MORE
1

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…

READ MORE
0

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…

READ MORE
0

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…

READ MORE
0

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…

READ MORE
0

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”…

READ MORE
0

16 Mar 2017 Sixth Circuit Refuses to Vacate; Lets Local Municipal Right-To-Work Decision Stand

  Following up on our post from earlier this week, on March 15, the U.S. Court of Appeals for the Sixth Circuit has refused to vacate its ruling in Autoworkers Local 3047 v. Hardin County, a Kentucky case. In doing so, the court allows to stand its ruling that municipalities can pass enforceable right-to-work provisions. The unions wanted the decision vacated as moot based on the state of Kentucky adopting right-to-work legislation, thereby making it…

READ MORE
0

14 Mar 2017 The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review

  On November 21, 2016, we reported that in Autoworkers Local 3047 v. Hardin County, the Sixth Circuit Court of Appeals held that local units of government could pass right-to-work ordinances under the National Labor Relations Act. Subsequently, on January 9, 2017 we reported that the state of Kentucky became a right-to-work state, a decision that seemingly ended any controversy concerning the Hardin County ordinance and litigation. However, a group of local unions have continued…

READ MORE
0

17 Feb 2017 Right-To-Work On A Roll – Is the Granite State Next?

  As we previously reported, Missouri became the 28th state to adopt right-to-work legislation, which allows employees to opt out of paying dues to a union representing them. No. 29 and the first Northeast state might be on the horizon.   Legislation is pending in New Hampshire, where Gov. Chris Sununu has indicated a willingness to sign a right-to-work bill. The New Hampshire Senate has already passed the measure and the House is now considering…

READ MORE