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30 Dec 2016 Weekly Summary of NLRB Decisions for Week of Dec. 19-23

  The summary of NLRB decisions for the week of Dec. 19-23 is now available.   Summarized Board Decisions   Howard Industries, Inc.  (15-CA-164449; 365 NLRB No. 4)  Laurel, MS, December 21, 2016.   The Board adopted the Administrative Law Judge’s recommended dismissal of allegations that the Respondent violated Section 8(a)(5) and (1) by unilaterally changing its policy regarding which employees were to be given hams during the Christmas season, without first notifying and giving…

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27 Dec 2016 Past Isn’t Prologue: Study Finds NLRB Nullified 4,500+ Years of Precedent Over Last Eight Years

  Anyone following labor law over the last eight years knows the National Labor Relations Board (NLRB) has been very active and made extensive changes, including overturning long-standing precedent. From altering the test used to evaluate “micro-units” to modifying the standard for finding “joint employers” and allowing college graduate assistants the right to form unions, the scope of departure from past precedent has been vast. Indeed, according to a recent study conducted by the Workplace…

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19 Dec 2016 Weekly Summary of NLRB Decisions for Week of Dec. 12-16

  The summary of NLRB decisions for the week of Dec. 12-16 is now available.   Summarized Board Decisions   Aerotek, Inc.  (17-CA-071193 et al.; 365 NLRB No. 2)  Omaha, NE, December 15, 2016.   The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(3) by refusing to hire four applicant electricians who were Union members, and Section 8(a)(1) by prohibiting employees from discussing each other’s wages.  A majority (Chairman Pearce…

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15 Dec 2016 Weekly Summary of NLRB Decisions for Week of Nov. 28-Dec. 2

  The summary of NLRB decisions for the week of Nov. 28-Dec. 2 is now available.   Summarized Board Decisions   Masonic Temple Association of Detroit and 450 Temple, Inc.  (07-CA-144521; 364 NLRB No. 150)  Detroit, MI, November 29, 2016.   The Board affirmed the Administrative Law Judge’s conclusion that Respondents Masonic Temple Association of Detroit and 450 Temple, Inc., a single employer, violated Section 8(a)(5) and (1) by failing and refusing to recognize and…

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09 Dec 2016 Second Persuader Rule Case Halted; Court to Wait for New Administration

  With a nationwide injunction already in place by a federal court in Texas, a federal court in Minnesota has entered a stay of proceedings in a second suit that also seeks to block enforcement of the persuader rule.   U.S. District Judge Patrick J. Schiltz’s two-page order not only denied cross motions for summary judgment from the parties, but also stayed the proceeding. Judge Schiltz concluded that “The court agrees with plaintiffs that there is…

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02 Dec 2016 Weekly Summary of NLRB Decisions for Week of Nov. 21-25

The summary of NLRB decisions for the week of Nov. 21-25 is now available.   Summarized Board Decisions   Spectrum Juvenile Justice Services  (07-CA-180451; 364 NLRB No. 149)  Highland Park, MI, November 22, 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 the underlying representation proceeding in which…

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01 Dec 2016 UFC Fighters Seek to Unionize

  A group of prominent current and former UFC fighters, including past champion Georges St-Pierre, announced the formation of the Mixed Martial Arts Athletes Association on Nov. 30. In its official announcement, the group said “The Association’s sole concentration is to fight for the rights of MMA fighters and force UFC’s ownership to dramatically alter the company’s decade plus outrageous treatment of its athletes.” The group also included Bjorn Rebney, former CEO of MMA promotion company Bellator MMA.  …

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29 Nov 2016 And You Thought Trump-Clinton Was Close: Hoffa Squeaks Out Win To Remain Teamsters’ President

  It is (or was) election season and while the spotlight is (or was) focused on the Trump-Clinton and other federal and state government races, another significant election occurred this month: voting for officers of the International Brotherhood of Teamsters Union. James P. Hoffa – son of the late Jimmy Hoffa – has been the general president of the Teamsters since 1998. During his tenure, he has overseen various changes within the Teamsters, such as the union’s…

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28 Nov 2016 Summary of NLRB Decisions for Week of Nov. 14 – 18

  The summary of NLRB decisions for the week of Nov. 14-18 is now available.   Summarized Board Decisions   Personnel Staffing Group, LLC d/b/a Most Valuable Personnel and MVP Workforce, LLC, a single employer  (13-CA-149591, et al.; 364 NLRB No. 147)  Northbrook, IL, November 16, 2016.   The Board denied the Respondent’s motion for summary judgment, finding that the Respondent failed to establish that there are no genuine issues of material fact warranting a…

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23 Nov 2016 NLRB Affirms Decision Finding Charter Schools Subject to NLRA

  In a recent union election, two units of teachers and staff members at a Pennsylvania charter school overwhelmingly voted in favor of representation. See Agora Cyber Charter School, Case Nos. 04-RC-170767, 04-RC-179402 (NLRB, Nov. 16, 2016). The case offers an interesting look at the National Labor Relations Board’s jurisdictional limit to only private employers. Section 2(2) of the National Labor Relations Act provides that the term “employer” shall not include any state or political…

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