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07 Aug 2017 Third Time is NOT the Charm: Nissan Smokes UAW Again in Union Vote

  More than 3,500 Nissan workers in Canton, Mississippi, overwhelmingly voted against union representation by the United Auto Workers (UAW) on Aug. 3 and 4. The final vote tally was 2,244 to 1,307.   This follows two prior defeats of the UAW by Nissan in 1989 and 2001, so third time is not the charm. It also is the latest in a long line of losses by the UAW in the South and within foreign…

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03 Aug 2017 “And the Fourth Seat Goes To….” Senate Confirms Nomination of Kaplan to NLRB, Delays Vote on Nomination of Emanuel

    Authored by Steve Hernandez and Minal Khan.   Early on Aug. 2, the Senate approved President Trump’s nomination of Marvin Kaplan to fill a vacant seat on the National Labor Relations Board (NLRB). The Senate approved Kaplan on a close 50-48 vote, which, unsurprisingly, was split along party lines. Kaplan’s confirmation puts the Board closer to attaining what would be the first Republican-led majority in nearly a decade.   Kaplan’s confirmation is welcome…

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31 Jul 2017 ‘Absurd Results’: NLRB Takes ‘Facebook Discipline Cases’ to New Heights (Or New Lows, Depending on Your Point of View)

  In a July 27 opinion that National Labor Relations Board (NLRB) Chairman Philip Miscimarra characterized as “absurd,” a majority of NLRB members overturned an employee’s discharge for a Facebook post that encouraged a former coworker to sue the company. The case was filed against Butler Medical Transport, LLC, by former employees challenging terminations made pursuant to the company’s social media policy.   The social media policy at issue provided, “I will refrain from using social…

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28 Jul 2017 WARNING: No Solicitation

  Few things are more painful for a company to go through than a union election. One of those things is when the National Labor Relations Board (NLRB) orders a “re-run” election due to alleged misconduct by the employer (i.e., the company has to go through the entire contentious, cumbersome, and costly process again).   Various types of misconduct by companies can give rise to a re-run election. One such category is “solicitation of grievances,”…

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26 Jul 2017 Woo-hoo! Federal Court Overrules NLRB, Says Companies Can Require Employees to Promote Positivity

  The National Labor Relations Board’s (NLRB) attack on personnel policies has been well-chronicled over the years. In May 2016, however, the NLRB’s view of handbook policies arguably peaked when it struck down numerous policies in a T-Mobile handbook, including one that generally asked employees to be professional and maintain a “positive work environment.” In that case, the NLRB explained its view by stating: “[w]e find that employees would reasonably construe the rule to restrict…

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24 Jul 2017 Closing Time: NLRB Considers Shuttering Even More Offices

On July 20, the National Labor Relations Board (NLRB) announced it is considering closing two more offices: its office in Anchorage, Alaska, and its office in Little Rock, Arkansas. The public is invited to submit comments on the potential closings by Aug. 25.   The Anchorage office is part of Region 19 out of Seattle and the Little Rock office falls under Region 15 out of New Orleans. The announcement follows a similar one about…

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21 Jul 2017 NLRB Inches Closer to Having Full Panel

  For some time now, the National Labor Relations Board (NLRB) has been operating with only three members, which is two short of the full five-member panel, but on July 19 there was some progress made toward reaching a full complement.  As described in more detail in this blog here and here, long-time management labor attorney William Emanuel and veteran government legal advisor Marvin Kaplan have been nominated by the Trump administration.   In a…

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21 Jul 2017 Summary of NLRB Decisions for Week of July 10 – 14

  Summarized Board Decisions   Pennsylvania Interscholastic Athletic Association, Inc.  (06-RC-152861; 365 NLRB No. 107)  Mechanicsburg, PA, July 11, 2017.   On review, the Board (Members Pearce and McFerran; Chairman Miscimarra, dissenting) affirmed the Regional Director’s finding that the petitioned-for lacrosse officials, who officiate in certain geographic districts of the Pennsylvania Interscholastic Athletic Association (PIAA), are employees covered under Section 2(3), rather than independent contractors.  Applying the Board’s analysis in FedEx Home Delivery, 361 NLRB…

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19 Jul 2017 NLRB Rolls Snake Eyes Before D.C. Circuit

  The U.S. Court of Appeals for the D.C. Circuit recently dealt casinos  a winning hand by overturning a ruling of the National Labor Relations Board (NLRB). This time the court determined the NLRB  incorrectly included surveillance techs at the Bellagio and Mirage Hotels as members of a larger unit seeking representation  by the International Association of Operating Engineers.   In a split decision, the court determined that the surveillance techs who control the casinos’…

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18 Jul 2017 NLRB’s Controversial Joint-Employer Standard in House Appropriations Committee’s Crosshairs

  The NLRB’s controversial 2015 Browning-Ferris decision greatly expanding the definition of “joint-employer” to include those employers who exert only indirect control over employees may not be around much longer, as House Republicans are attempting to use the power of the purse to rein in the Board.   On July 13, the House Appropriations Subcommittee on Labor, Health and Human Services, and Education voted to approve a draft spending bill for fiscal year 2018 that…

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