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15 Jun 2016 NLRB’s “Ambush Election Rules” Get Stamp of Approval from Fifth Circuit

National Labor Relations Board | David Pryzbylski

On June 10, the Fifth Circuit Court of Appeals upheld the National Labor Relations Board’s (NLRB) controversial “ambush election rules” that went into effect in April 2015. As we have extensively covered in past posts, the new election rules have resulted in much shorter time periods between the filing of union election petitions and the elections themselves.   The Fifth Circuit’s decision was on appeal from a federal district court in Texas that had dismissed…

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10 Jun 2016 Summary of NLRB Decisions for Week of May 16 – 20, 2016

National Labor Relations Board | btlabor

The summary of NLRB decisions for the week of May 16 – 20 is now available.   Summarized Board Decisions   Boothwyn Fire Company No. 1  (04-CA-133498 and 04-CA-140365; 363 NLRB No. 191)  Boothwyn, PA, May 16, 2016.   The Board affirmed the Administrative Law Judge’s findings that the Respondent violated Section 8(a)(1) by threatening, preparing written documentation against, and eventually discharging an employee because he engaged in protected concerted activity when he joined other…

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09 Jun 2016 Fifth Circuit Agrees NLRB Micro-Unit Test Here to Stay

National Labor Relations Board | Keith Brodie

The Fifth Circuit Court of Appeals is the latest federal court of appeals to approve of the National Labor Relations Board’s (NLRB) “micro-unit” test first enunciated in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011). See our recent post here. The Fifth Circuit case involves a Macy’s department store in Massachusetts. The case garnered national attention because many practitioners and prognosticators believed it had the best chance of overturning the NLRB’s Specialty Healthcare rule. The…

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08 Jun 2016 Can Lawful Employer Policies Put Companies at Risk? NLRB Says Yes

National Labor Relations Board | Jackie Gessner

Blog posts warning of the perils of employer handbook policies are starting to sound like broken records. However, a recent National Labor Relations Board (NLRB) decision adds to the “handbook policy” reminders – even changes to employer practices regarding lawful policies can be risky when done at the wrong time.   In Intertape Polymer Corp., 363 NLRB No. 187 (May 10, 2016), the board affirmed its prior decision on remand from the Fourth Circuit, finding…

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03 Jun 2016 Are Permanent Replacements Permanent Anymore?

National Labor Relations Board, Unions and Union Membership | Gerald Lutkus

The National Labor Relations Board (NLRB) has yet again grabbed the opportunity to sweep away years of precedent in its recent ruling in American Baptist Homes of the West d/b/a Piedmont Gardens, 364 N.L.R.B. No. 13 (5/31/16).  In Piedmont Gardens, the board held that a company violates the National Labor Relations Act (NLRA) if it hires permanent replacements during a strike to allegedly “punish the union” and its members and to “avoid future strikes.”  …

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01 Jun 2016 Summary of NLRB Decisions for Week of May 9 – 13, 2016

National Labor Relations Board | btlabor

The summary of NLRB decisions for the week of May 9 – 13 is now available.   Summarized Board Decisions   Roy Spa, LLC  (19-CA-083329; 363 NLRB No. 183)  Great Falls, MT, May 10, 2016.   A Board panel majority consisting of Chairman Pearce and Member Hirozawa affirmed the Administrative Law Judge’s order granting the General Counsel’s request for an extension of time to file a motion to dismiss the Respondent’s application for an award…

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27 May 2016 NLRB Defends Attempt to Encroach on Tribal Sovereignty

National Labor Relations Board | Scott Witlin

On May 23, the National Labor Relations Board (NLRB) argued to the U.S. Supreme Court that it has authority over labor practices at two Michigan tribal casinos. This argument stems from petitions filed earlier this year by both casino tribes — the Little River Band of Ottawa Indians and the Saginaw Chippewa Indian Tribe. The casinos urged the court to reverse a Sixth Circuit ruling, which upheld NLRB authority over the tribes’ employment practices.  …

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25 May 2016 Summary of NLRB Decisions for Week of May 2 – 6, 2016

National Labor Relations Board | btlabor

The summary of NLRB decisions for the week of May 2 – 6 is now available.   Summarized Board Decisions   Eastern Essential Services, Inc.  (22-CA-133001; 363 NLRB No. 176)  Fairfield, NJ, May 2, 2016.   The Board adopted the Administrative Law Judge’s findings that the Respondent violated Section 8(a)(1) by telling two incumbent employees that they were not being hired because they were with the Union, and violated Section 8(a)(3) and (1) by failing…

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18 May 2016 More Money, More Problems: Unions Demand AFL-CIO Cease Dealings with PAC Backed by Billionaire Environmentalist

Unions and Union Membership | David Pryzbylski

Fox News is reporting that the heads of seven unions within the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) have written to the president of the confederation, Richard Trumpka, and demanded that it cease making political donations to the For Our Future Political Action Committee (PAC).   The heads of the unions apparently are opposed to any further contributions, which are derived from employees’ dues payments, being made to the PAC because it is…

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17 May 2016 Summary of NLRB Decisions for Week of April 25 – 29, 2016

National Labor Relations Board | btlabor

The summary of NLRB decisions for the week of April 25 – 29 is now available.   Summarized Board Decisions   International Association of Machinists and Aerospace Workers, AFL-CIO, District 70 and Local Lodge 839 (Spirit Aerosystems)  (14-CB-133028; 363 NLRB No. 165)  Wichita, KS, April 25, 2016.   The Board affirmed the Administrative Law Judge’s findings that the Respondent Union violated:  Sections 8(b)(1)(A) and (2) by attempting to cause and causing the Employer to discharge…

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