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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

  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?

  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

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

  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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25 Aug 2016 NLRB Enhances Backpay Compensation for Terminated Workers

  The National Labor Relations Board (NLRB) took another pro-employee step this week – this time with backpay calculation. The Board voted 3-1 to revise its backpay calculation formula for unlawfully terminated employees to include: (1) interim employment and (2) search-for-work expenses. In previous decisions, the Board deemed these types of expenses as setoffs that were then subtracted from gross backpay.   The full decision can be found here.   Adam BartromAdam Bartrom of the firm’s…

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24 Aug 2016 NLRB Excludes Theology Teachers from Bargaining Unit at Catholic Universities

  While the National Labor Relations Board’s (NLRB) decision this week in the teaching assistants’ case caught most of the headlines, the very same day the Board also issued two important rulings defining appropriate bargaining units at Catholic universities.   In cases arising at Seattle University (a Catholic university operated by the Jesuit order) and Saint Xavier University (a Chicago-area Catholic university founded by the Sisters of Mercy), the Board determined that faculty teaching theology…

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23 Aug 2016 Down Goes Brown – NLRB Finds Graduate Assistants May Unionize

  In yet another precedent overturning decision, the National Labor Relations Board (NLRB) ruled on Aug. 23 that student assistants at Columbia University could form a union under the National Labor Relations Act (NLRA). The decision was not unexpected given the Board’s current penchant for overturning precedent, both recent and ancient. In today’s Columbia University ruling, the NLRB overturned its decision in Brown University, which it decided in 2004.   In the 3-1 decision, the…

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22 Aug 2016 Summary of NLRB Decisions for Week of Aug. 1 – 5

  The summary of NLRB decisions for the week of Aug. 1-5 is now available.   Summarized Board Decisions   North Memorial Health Care  (18-CA-132107, 18-CA-133944, 18-CA-135228 and 18-CA-132818; 364 NLRB No. 61)  Robbinsdale, MN, August 2, 2016.   The Board affirmed the Administrative Law Judge’s findings that the Respondent violated Section 8(a)(1) when it:  (1) prohibited nonemployee union representatives from having, and interfered with their ability to have, non-disruptive union-related conversations in areas of the…

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08 Aug 2016 Summary of NLRB Decisions For Week of July 25 – 29

The summary of NLRB decisions for the week of July 25 – 29 is now available.   Summarized Board Decisions   Oberthur Technologies of America Corporation  (04-CA-160992; 364 NLRB No. 59)  Exton, PA, July 27, 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,…

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08 Aug 2016 Employers’ Role In Decertification Efforts Continue To Receive Intense Scrutiny

  Decertification petitions are a mechanism under which employees can vote to get rid of their union in the workplace. Employers’ efforts during employees’ decertification efforts, however, always receive much scrutiny from the National Labor Relations Board (NLRB).   The NLRB generally only permits “ministerial aid” by an employer prior to the filing of a petition (e.g., an employer may be able to answer technical questions about the timing for filing such a petition in…

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