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05 Oct 2016 The Hits Keep On Coming: NLRB General Counsel’s Office Seeks Potential Modifications to the Law Regarding Intermittent Strikes

National Labor Relations Board | David Pryzbylski

  National Labor Relations Board (NLRB) case law has long held that  while “full” strikes constitute protected activity under the National Labor Relations Act (NLRA), intermittent strikes (a pattern of going out, coming back, going out again) generally are unprotected. “Unprotected” does not mean that a labor union is prohibited from engaging in the activity (i.e., they do not constitute an 8(b) violation under the Act); rather, it means employees engage in the activity at…

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04 Oct 2016 Summary of NLRB Decisions for Week of Sept. 19-23

National Labor Relations Board | btlabor

  The summary of NLRB decisions for the week of Sept. 19-23 is now available.   Summarized Board Decisions   Kelaye Concrete LLCV  (19-CA-168201, 19-CA-171176 and 19-CA-171823; 364 NLRB No. 123)  Boring, OR, September 19, 2016.   The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the consolidated complaint.  The Board found that the Respondent violated Section 8(a)(1) by: (1) threatening employees that they would not…

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30 Sep 2016 Can a Routine Phone Call Lead to Discipline? – The Blurry Line When it Comes to Weingarten Rights

National Labor Relations Board | Jackie Gessner

  In a recent reversal by the NLRB, the Board held that the judge had inappropriately deferred to an arbitration award. Verizon California, Inc., 364 NLRB No. 79 (Aug. 19, 2016). The arbitrator had found that an employee was not entitled to Weingarten rights (the right to have union representation present) during a telephone call with his supervisor, but the Board held otherwise.   The employee in this case was a field technician with Verizon…

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23 Sep 2016 Summary of NLRB Decisions for Week of Sept. 12-16

National Labor Relations Board | btlabor

  The summary of NLRB decisions for the week of Sept. 12-16 is now available.   Summarized Board Decisions   Hanson Cold Storage Co. of Indiana d/b/a Hanson Logistics  (13-CA-178619; 364 NLRB No. 121)  Hobart, IN, September 13, 2016.   The Board granted the General Counsel’s motion for summary judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in…

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16 Sep 2016 Summary of NLRB Decisions for Week of Aug. 29 – Sept. 2

National Labor Relations Board | btlabor

  The summary of NLRB decisions for the week of Aug. 29 – Sept. 2 is now available.   Summarized Board Decisions   Pittsburgh Athletic Association  (06-CA-169088; 364 NLRB No. 105)  Pittsburgh, PA, August 29, 2016.   The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing to bargain collectively…

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09 Sep 2016 Summary of NLRB Decisions for Week of Aug. 15 – 19

National Labor Relations Board | btlabor

  The summary of NLRB decisions for the week of Aug. 15-19 is now available.   Summarized Board Decisions   Retro Environmental, Inc./Green Jobworks, LLC  (05-RC-153468; 364 NLRB No. 70)  Washington, DC, August 16, 2016.   In this decision on review, a Board panel majority consisting of Chairman Pearce and Member Hirozawa reversed the Regional Director’s dismissal of the petition, finding that Retro Environmental, Inc. and Green JobWorks, LLC are joint employers of the employees in…

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07 Sep 2016 NLRB Member Kent Y. Hirozawa’s Term Expires – But He Left His Mark On U.S. Labor Law

National Labor Relations Board | David Pryzbylski

  Kent Y. Hirozawa’s term as a National Labor Relations Board (“Board”) member expired on August 27, 2016, leaving the Board with three members (the minimum number needed for a quorum). Hirozawa originally was sworn in as an appointee of President Barack Obama on August 5, 2013. Widely viewed as a “pro-labor” Board member, he participated in numerous Board decisions / actions during his three years that pose profound implications for employers. To wit:  …

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31 Aug 2016 NLRB: Is Misclassification of Independent Contractors an Unfair Labor Practice?

National Labor Relations Board | Gerald Lutkus

  The question: Is misclassification of independent contractors an unfair labor practice? The answer: Not yet.   In an advice memorandum dated December 18, 2015, but just issued this week, the National Labor Relations Board (NLRB) tangled with the question of whether mere misclassification of truck drivers as independent contractors constituted an independent unfair labor practice charge. The NLRB Advice Memo does not quite get there. However, in circumstances where there is a misclassification supplemented with…

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31 Aug 2016 Summary of NLRB Decisions for Week of Aug. 8 – 12

National Labor Relations Board | btlabor

The summary of NLRB decisions for the week of Aug. 8-12 is now available.   Summarized Board Decisions   DHSC, LLC d/b/a Affinity Medical Center, Community Health Systems, Inc. (08-CA-117890, et al.; 364 NLRB No. 67)  Massillon, OH, August 10, 2016.   The Board granted the General Counsel’s request for special permission to appeal the judge’s denial of the General Counsel’s motion to amend the amended consolidated complaint, her dismissal of the General Counsel’s written amendment,…

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29 Aug 2016 Disclose All Labor and Employment Complaints – Big Changes for Federal Contractors Coming October 2016

Federal Laws and Legislation | Jackie Gessner

  A few weeks ago, we reported on pending regulations implementing an executive order issued by President Barack Obama in 2014. The Fair Pay and Safe Workplaces Executive Order, which some are deeming the “blacklisting” order, imposes additional reporting requirements on federal contractors whereby they must submit extensive data on various types of labor law violations. Under the order, prospective federal contractors must disclose labor law violations under 14 covered federal statutes, including those addressing…

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