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10 Dec 2018 NLRB General Counsel Denies Union Access to Employer’s Tax Cut Savings Information

Unionized employers are painfully aware of their obligations to respond to what often feel like invasive information requests from the unions that represent their employees. The National Labor Relations Board has long held that unions are entitled to information requested from an employer so long as it is necessary for the union’s proper performance of its statutory duties as collective-bargaining representative. Determining whether that standard of relevance has been met in any given case is…

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27 Nov 2018 Do Employee Safety Policies Require Negotiation With A Union?

Employee safety is paramount. Companies regularly evaluate, modify, and implement policies and processes to ensure they provide safe places to work. If a company has a union, however, does the employer have to negotiate with the union before changing or implementing safety policies? A recent decision from the National Labor Relations Board (NLRB) shows the answer to that question often is “yes.”   In a Nov. 20 decision in the case Orchids Paper Products Co.,…

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15 Nov 2018 Gloves-Off: NLRB Union Staffers Protest Trump Board

Since President Trump overhauled the makeup of the National Labor Relations Board (NLRB) last year, much change has been afoot. Aside from significant rulings being issued by the agency, various administrative and staffing changes have been contemplated and/or formally announced. The board also terminated its collective bargaining agreement with the union representing its staff members – the NLRB Professional Association – in order to renegotiate its terms. These changes have not been well received by at least some of…

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13 Nov 2018 Clearance: NLRB Member Cleared By Ethics Officer To Participate In Joint Employer Rulemaking

Earlier this year, the National Labor Relations Board’s (NLRB) Inspector General issued a report concluding that current board Member William Emanuel should have recused himself from a significant decision at the end of 2017 involving joint employment under the National Labor Relations Act (NLRA) based on an alleged conflict of interest. As a result of that report, the 2017 decision was vacated. Since that time, the NLRB has announced it plans to tackle the joint employment issue via…

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01 Nov 2018 Comment Period for NLRB’s Highly Anticipated Joint-Employer Rule Extended

The NLRB extended the comment period for its proposed new joint-employer rule, giving the public another 30 days to weigh in on what has been a hot-button issue for businesses who use staffing companies or franchise models. On Sept. 13, the National Labor Relations Board (NLRB) unveiled a proposed new rule regarding joint employment under the National Labor Relations Act (NLRA), which stands to make it more difficult for the board to impose a joint-employer…

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30 Oct 2018 Green Light! NLRB OKs Petition Seeking To Oust Union

The National Labor Relations Act (NLRA) makes it extremely difficult for a union to be removed from the workplace once it has been voted in by employees or voluntarily recognized by an employer. One of the few routes available for a union’s ouster are petitions that can be filed with the National Labor Relations Board (NLRB) claiming that a union has lost a “majority of support” amongst the employees at issue.   There are many…

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26 Oct 2018 NLRB GC Action May Make Unions More Accountable To Their Members

Under the National Labor Relations Act (NLRA), unions owe their members a “duty of fair representation.” For example, a union may violate the act if it refuses or fails to process an employee grievance based on arbitrary, discriminatory, or bad faith reason. To the extent unions violate their duty of representation, they can be found by the National Labor Relations Board (NLRB) to have violated the act and have penalties imposed on them.   On…

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18 Oct 2018 NLRB Signals We May Not Get Clarity On Construction Industry CBAs Just Yet

On Sept. 11, the National Labor Relations Board (NLRB) invited the public to file briefs on legal issues pertaining to construction industry labor agreements. Most private sector collective bargaining agreements are governed by Section 9(a) of the National Labor Relations Act, which generally requires that a majority of the employees in the bargaining unit support having a union represent them. In the construction industry, though, labor agreements are presumed to be covered by Section 8(f)…

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25 Sep 2018 You’ve Got Mail! NLRB Chairman Issues Letter Regarding Employer Email Case

Per an announcement last month, the National Labor Relations Board (NLRB) is contemplating changing its current stance related to employer policies governing employee use of company email systems. Under current board law, employers generally cannot prohibit employees from using a company’s email system for union organizing purposes or other activities protected by the National Labor Relations Act. In a pending case, the agency is considering whether companies may be permitted to institute blanket bans on…

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14 Sep 2018 NLRB releases draft joint employer rule rolling back Browning-Ferris

Yesterday, the NLRB released its long-awaited draft rule that would roll back its controversial Browning-Ferris decision, which established a much looser test for determining when two companies are joint employers of a group of employees.   Since 2015, that ruling has been the bane of many employers’ existences. Many have argued that the Browning-Ferris joint employer standard has made it much more difficult to determine whether employers are joint employers, especially in temporary employee and…

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