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16 Aug 2017 Fractured Workforce: Federal Court Approves Micro-Unit Certified by NLRB

National Labor Relations Board | David Pryzbylski

  Unfortunately, it appears the National Labor Relations Board’s (NLRB) recent trend of certifying micro-units is here to stay until a pro-management majority at the agency is confirmed, which may not happen as soon as we once thought. On Aug. 11, the U.S. Court of Appeals for the D.C. Circuit affirmed an NLRB decision against Rhino Northwest LLC that found a small, discrete segment of that company’s workers could be properly certified as a bargaining unit….

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15 Aug 2017 A Nice Change of Pace: NLRB Upholds Employer’s Confidential Information Policy

National Labor Relations Board | David Pryzbylski

  From social media policies to positive workplace environment statements to non-employee access to company property procedures, the National Labor Relations Board (NLRB) has struck down numerous company personnel policies in recent years on grounds they “chill” employees’ ability to engage in protected activity under the National Labor Relations Act (NLRA). The board generally cites Section 7 of the NLRA as support for its positions, which protects employees engaging in “concerted activity” for “mutual aid…

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11 Aug 2017 Union Corruption: UAW and Auto Manufacturer Officials Allegedly Embezzled Millions in Union-Member Funds

Unions and Union Membership | David Pryzbylski

  Union corruption probes, unfortunately, continue to make headlines. One of the latest centers on a United Auto Workers (UAW) National Training Center in Michigan. There, a former executive has pled guilty to siphoning more than $4.5 million in funds that were to be used to train UAW members.   The man, who was controller, helped to “steer funds, plane tickets, mortgage payments and other goods valued at more than $4.5 million to UAW Vice…

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09 Aug 2017 Short-Lived Victory for Employers? NLRB Chairman Reportedly Stepping Down in December

National Labor Relations Board | David Pryzbylski

  BNA Bloomberg and Law360 are reporting that National Labor Relations Board (NLRB) Chairman Philip Miscimarra is stepping down when his current five-year term expires in December rather than seeking reappointment. Miscimarra reportedly is leaving the agency for personal reasons.   Having been the lone pro-management voice on the NLRB for an extended period and consistently being out-voted by his pro-union counterparts, Chairman Miscimarra’s dissents have been colorful and may provide a glimpse as to…

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09 Aug 2017 Paying the Piper? More Than 30,000 Teamsters to Vote on Pension Cuts

Unions and Union Membership | David Pryzbylski

  Multi-employer pension funds around the country continue to face mounting difficulties, as the recession in 2008 accelerated the financial freefall of many of the plans. Things now may be coming to a head: More than 30,000 participants in the New York State Teamsters Conference Pension and Retirement Fund – one of the country’s many severely underfunded plans – are voting on proposed cuts to their benefits.   The decreases in benefits   are an attempt…

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08 Aug 2017 D.C. Circuit Calls Out NLRB in Ruling on Union Access to Employer Property

National Labor Relations Board | btlabor

  As union membership continues to fall, unions have tried to heighten their levels of organizing activity at employers’ workplaces. Because such activity tends to take place during employee working hours, and can be disruptive to working time, it is no surprise that some employers try to restrict the level of communication between union agents and its employees on its premises.   The National Labor Relations Board (NLRB) has not always signed off on employers’…

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

Union Organizing | David Pryzbylski

  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

National Labor Relations Board | btlabor

    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)

National Labor Relations Board | David Pryzbylski

  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

Union Organizing | David Pryzbylski

  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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