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BT Labor Relations - Current News and Practical Analysis
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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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13 Sep 2018 Is That A Section 9(a) Or 8(f) Agreement? The NLRB May Soon Be Providing More Clarity.

Most private sector collective bargaining agreements are governed by Section 9(a) of the National Labor Relations Act, and that section generally requires that a majority of the employees in the bargaining unit support having a union represent them. Things are different in the construction industry. In that industry, labor agreements are presumed to be covered by Section 8(f) of the act, which does not require such a showing of majority support.   On September 11,…

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07 Sep 2018 Does Enrolling In E-Verify Violate Labor Law?

Many employers utilize E-Verify in an effort to ensure compliance with pertinent immigration laws. This web-based system run by the Department of Homeland Security enables companies to verify eligibility of their workers to be employed in the U.S. But does an employer’s decision to enroll in E-Verify violate the National Labor Relations Act (NLRA)? According to a new National Labor Relations Board (NLRB) decision, in some circumstances, it may.   On August 27, the board…

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30 Aug 2018 Polite President or Political Deal? Trump Renominates Pro-Union Mark Gaston Pearce To NLRB

This week, President Donald Trump renominated former chairman and member of the National Labor Relations Board (NLRB) Mark Gaston Pearce to a third term. Pearce, who served as chairman of the NLRB from 2011 to the change in administrations in January 2017, is a former union lawyer appointed by former President Barack Obama in 2010. Trump, who appointed two pro-management board members within the last year in Marvin Kaplan and Bill Emanuel, may have been…

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21 Aug 2018 Woo-Hoo! NLRB Now Permitting Class Action Waivers

For years employers around the country operated in area of uncertainty with respect to whether “class action waivers” in employment agreements – such as those included in mandatory arbitration programs – were enforceable.   The National Labor Relations Board (NLRB) routinely took the view that such waivers violated the National Labor Relations Act (NLRA). Now, the board is finally backing off that position.   Class action waivers prohibit employees from forming class or collective actions under…

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17 Aug 2018 When Do Employee Weingarten Rights Kick In?

Since the landmark Weingarten U.S. Supreme Court decision in 1975, union-represented employees covered by the National Labor Relations Act (NLRA) have been entitled to union representation during certain investigatory interviews. Specifically, when an employee is brought in for an investigatory interview that could lead to disciplinary action of that employee, he or she has the right to a union representative being present for the interview as well, if such representation is requested. This has come…

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14 Aug 2018 NLRB To Renegotiate … Its Own CBA!

The National Labor Relations Board (NLRB) oversees the vast majority of private sector labor relations in the U.S., including alleged wrongdoing during collective bargaining negotiations between employers and their unions.  Many people, however, are unaware of the fact that many NLRB staffers are themselves members of a union and have their own collective bargaining agreement (CBA) with the agency.   According to a new report from Bloomberg BNA, the agency is poised to renegotiate its…

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09 Aug 2018 No Soliciting: Employer Solicitation Ban Ruled Unlawful

Many employers have policies in place that prohibit employees from soliciting other workers for third party causes and/or distributing non-business literature. Care must be taken, however, to ensure that such policies conform to the National Labor Relations Act (NLRA). Generally, under the NLRA, companies may not prohibit employees from soliciting other workers during non-working time, nor may they prohibit the distribution of literature in non-work areas during non-working time. The National Labor Relations Board (NLRB)…

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