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BT Labor Relations - Current News and Practical Analysis
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23 Apr 2018 Lost In The Mail: Invalid Mailing Addresses Cost Company Union Election

  When faced with a petition by employees seeking to unionize a workplace, employers generally must provide the National Labor Relations Board (NLRB) and union with a list of all the employees at issue that contains the workers’ contact information, including home addresses. This list is frequently referred to as a “voter list.” When employees have P.O. box addresses on file with an employer for mailing purposes in addition to physical home addresses, though, must…

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16 Apr 2018 Musical Chairs: Ring Named Chairman of the NLRB

After being confirmed by the Senate as the newest National Labor Relations Board (NLRB) member last week, John Ring now has been appointed the agency’s chairman by President Trump.   The NLRB announced in a press release on April 16, “John F. Ring was sworn in today as Chairman of the National Labor Relations Board (NLRB) for a term ending on December 16, 2022. He succeeds Philip A. Miscimarra, who served on the Board from…

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13 Apr 2018 UPDATE: Does Misclassifying Employees As Independent Contractors Violate Labor Law?

  Whether it be the Internal Revenue Service (IRS), the Department of Labor (DOL), or state unemployment or workers’ compensation agencies, employee versus independent contractor status always is a hot issue. Missteps by employers in this area can result in back taxes, penalties, and more. The question has been looming, however, whether the National Labor Relations Board (NLRB) also would be throwing itself into the misclassification analysis fray with other agencies. Specifically, the board previously…

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11 Apr 2018 Senate Confirms Ring to NLRB, Restoring 3-2 Republican Majority

The U.S. Senate voted 50-48 along party lines on Wednesday to confirm President Trump’s Republican NLRB nominee, John Ring, restoring the Board to a full complement of five members. This once again gives Republicans a 3-2 majority on the Board, which has operated with a 2-2 Republican-Democrat deadlock since December 16, when Republican Chairman Philip Miscimarra’s term expired.   Just prior to Miscimarra’s departure in December, the Board issued a flurry of decisions overturning a…

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05 Apr 2018 Wolf Guarding The Hen House? Group Demands Investigation Into NLRB’s Inspector General.

  The Inspector General of the National Labor Relations Board (NLRB) has had a busy 2018, as he has had to investigate at least two members for alleged improper conduct. The first investigation involved Member Emanuel and allegations he should have recused himself from a case last year dealing with joint-employer status under the National Labor Relations Act due to a purported conflict of interest. The second investigation involves Member Pearce and an allegation he…

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03 Apr 2018 Employees Urge NLRB To Overturn The “Ambush Election Rule”

  Few developments at the National Labor Relations Board (NLRB) in recent years caused as much consternation for employers as the agency’s 2015 “ambush election rule.” That rule significantly truncated the amount of time a company has to express its opinion to its workforce on potential unionization by its employees prior to an election being held. The NLRB announced on Dec. 12, however, that it was seeking input from the public regarding the rule. According…

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30 Mar 2018 Loose Lips Sink Ships: Obama-Appointed NLRB Member Under Investigation

  The National Labor Relations Board’s (NLRB) Inspector General appears to be very busy these days. Indeed, the NLRB made headlines last month when it vacated a decision from last year as a result of a board member having a potential conflict of interest. That result specifically came about after the agency’s Inspector General issued a report on the purported conflict.   Now, Bloomberg BNA is reporting that the Inspector General is investigating former Obama-appointed…

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26 Mar 2018 NLRB Avoids Drastic Budget Cut

  The U.S. House and Senate passed a $1.3 trillion omnibus spending bill on Thursday, sparing the National Labor Relations Board (NLRB) from drastic budget reductions recently proposed by the Trump administration. The NLRB was allocated a budget of $278 million, matching the level of funding it received in 2017.   Prior to the bill’s passage, the NLRB had submitted a budget justification asking for an annualized funding level of $258 million for the remainder…

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22 Mar 2018 Whose Law Is It Anyway? NLRB Dings Company For Actions Related To FLSA (Not NLRA) Lawsuit

  The National Labor Relations Board (NLRB) raised eye brows in 2015 when it ruled that an individual who filed a collective action claim pursuant to the Fair Labor Standards Act (FLSA) in federal court was engaged in “protected activity” under the National Labor Relations Act (NLRA). The board then rendered a similar ruling last year, again finding that the filing of an FLSA collective action is protected by the NLRA. Notably, the FLSA has…

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16 Mar 2018 Another Redo At The NLRB Because Of Conflicts of Interest?

Last month the National Labor Relations Board (NLRB) made headlines when it vacated a decision from December 2017– the Hy-Brand case – that overruled its infamous Browning-Ferris decision regarding joint-employment under the National Labor Relations Act (NLRA). That action reinstated the more lax standard under Browning-Ferris for finding joint-employment. The board ruled that current Member Emanuel should not have participated in Hy-Brand in light of the fact that his former law firm was involved in…

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