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18 Apr 2016 GOP Moves to Block New Persuader Rule

Union Organizing | Gerald Lutkus

Rep. Bradley Byrne (R-AL) has introduced a resolution (H.J. Res. 87) to block the implementation of the Department of Labor’s new “Persuader” Rule. The resolution is made pursuant to the Congressional Review Act and seeks to block the rule which is scheduled to go into effect on April 25.   Critics of the new rule argue that the regulation will make it harder for employers to communicate with employees and undermine the right of workers…

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14 Apr 2016 Summary of NLRB Decisions for Week of March 21-25, 2016

National Labor Relations Board | btlabor

The summary of NLRB decisions for the week of March 21-25 is now available.   Summarized Board Decisions   D2 Abatement, Inc. and Premier Environmental Solutions LLC, Alter Egos  (07-CA-133250; 363 NLRB No. 153)  Dearborn, MI, March 22, 2016.   The Board denied the General Counsel’s motion for partial default judgment and remanded the proceeding to the Regional Director for further appropriate action.  The complaint alleges that Respondents D2 Abatement, Inc. (Respondent D2) and Premier…

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13 Apr 2016 Wisconsin Right-To-Work Law Ruled Unconstitutional by State Court Judge

Unions and Union Membership | Jackie Gessner

Another state’s right-to-work law has been challenged in court and ruled unconstitutional – at least at the initial stage in the case. As we reported last year, Wisconsin Gov. Scott Walker signed the “freedom-to-work” bill into law on March 9, and Wisconsin unions filed a lawsuit against the state the next day challenging its constitutionality. Wisconsin Attorney General Brad Schimel will pursue an appeal of the decision and is considering whether to appeal directly to the Wisconsin…

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07 Apr 2016 ‘Tis The Season: Unions Continue To Spend Significant Amounts Of Employees’ Dues Money On Political Causes

Unions and Union Membership | David Pryzbylski

POLITICO ran a very interesting story this week detailing how the Communications Workers of American union (CWA) has donated more than $40 million to political campaigns since 1990. Given the CWA only gets its funds from one source – employee paychecks – that is a very sizable sum. While massive political donations by unions is “old news” in many ways, this particular article looked at a potential “conflict” issue that may arise when CWA-represented journalists…

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05 Apr 2016 Summary of NLRB Decisions for Week of March 7-11, 2016

National Labor Relations Board | btlabor

The summary of NLRB decisions for the week of March 7-11 is now available.   Summarized Board Decisions   AdvoServ of New Jersey, Inc.  (22-CA-131230; 363 NLRB No. 143)  Hewitt, NJ, March 11, 2016.   The Board affirmed the Administrative Law Judge’s finding that the Respondent violated Section 8(a)(3) and (1) by discharging an employee because he engaged in union activity.  The Board also adopted the judge’s finding, pursuant to the General Counsel’s alternative allegation,…

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04 Apr 2016 NLRB Continues To Cite Its Infamous Specialty Healthcare Decision When Affirming Funky Bargaining Units

National Labor Relations Board | David Pryzbylski

  Nearly five years ago, the National Labor Relations Board (NLRB) issued its now infamous decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934, 940 (2011) that paved the way for a slew of “micro-units” being certified by the NLRB (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply to healthcare bargaining units). For those unfamiliar with micro-units, when filing an election petition with the…

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30 Mar 2016 California Labor Row Highlights Importance of Supreme Court Nomination Decision

Unions and Union Membership | Steve Hernandez

  Just over a month since the passing of Justice Antonin Scalia, a now-equally divided U.S. Supreme Court (4-4) issued a single-page per curiam opinion on March 29 affirming the Court of Appeals for the Ninth Circuit’s decision in Friedrichs v. California Teachers Assn., which allows public-sector unions in California to charge compulsory union fees to employees. This decision, while unsurprising considering the makeup of the court without Justice Scalia, had been expected to be…

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24 Mar 2016 Obama Supreme Court Nominee and the NLRB

Other | John Koenig

  If you are interested in how President Obama’s nominee to the Supreme Court may rule on labor issues, both the Wall Street Journal (subscription required) and Politico have published recent stories about Judge Merrick Garland’s record on the District of Columbia Circuit.   Also, in the “On Labor” blog, author Hannah Belitz prepared a very thorough analysis of Judge’s Garland’s judicial record on NLRB cases. In her review, she found, “Between 1997 and 2016, Judge…

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23 Mar 2016 DOL Publishes Final Persuader Rule

Union Organizing | John Koenig

  The U.S. Department of Labor (DOL) has published its long-awaited final rule regarding “persuaders” hired by employers during union organizing campaigns. The text of the full rule (clocking in at 446 pages) can be found here.   The rule essentially rewrites (although, the DOL uses the word “realigns”) the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). As stated by the DOL, “This Final Rule requires that employers and the consultants they hire file reports…

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22 Mar 2016 Summary of NLRB Decisions for Week of Feb. 22-26, 2016

National Labor Relations Board | btlabor

The summary of NLRB decisions for the week of Feb. 22-26 is now available.   Summarized Board Decisions   Alternative Entertainment, Inc.  (07-CA-144404; 363 NLRB No. 131)  Bryon Center, MI, February 22, 2016.   The Board affirmed the judge’s findings that the Respondent violated Section 8(a)(1) by:  (a) maintaining a handbook rule prohibiting the unauthorized disclosure of employee compensation and salary information; (b) prohibiting an employee from discussing changes to compensation with his coworkers; and…

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