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14 Dec 2015 Let The Chips Fall: When Is an Impasse An Impasse?

When is an impasse a legal impasse? That’s a decision that courts and the NLRB have kicked around for many years. Last week, the United States Court of Appeals for the D.C. Circuit affirmed an NLRB decision finding that an employer jumped the gun in declaring that an impasse had been reached largely because its conduct and statements at the table differed from post-bargaining letters declaring a last and final position and impasse.   In…

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11 Dec 2015 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 30 – DECEMBER 4, 2015

The Summary of NLRB decisions for the week of November 30 – December 4, 2015, is now available.   Summarized Board Decisions     U.S. Xpress Enterprises, Inc., and U.S. Xpress, Inc.  (10-CA-141407; 363 NLRB No. 46)  Chattanooga, TN, November 30, 2015.   Citing Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), and D.  R. Horton, Inc., 357 NLRB No. 184 (2012), a Board panel majority consisting of Chairman Pearce and Member Hirozawa adopted…

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07 Dec 2015 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 23 – 27, 2015

The Summary of NLRB decisions for the week of November 23 – 27, 2015, is now available.   Summarized Board Decisions     Professional Janitorial Service of Houston, Inc.  (16-CA-112850; 363 NLRB No. 35)  Houston, TX, November 24, 2015. Applying Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), enf. denied in part, Murphy Oil USA, Inc., v. NLRB, No. 14-60800 (5th Cir. Oct. 26, 2015), the Board affirmed the Administrative Law Judge’s findings that…

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02 Dec 2015 UAW Accused of Failing to Honor Michigan Right to Work Law

An autoworker in Michigan has filed an unfair labor practice charge with the NLRB accusing the United Auto Workers (UAW) of refusing his repeated requests to withdraw his membership and stop paying dues. According to a story in the Detroit News, the employee twice sent withdrawal notices to the UAW via certified mail, but the union declined his request to withdraw his membership. He alleges the union’s actions are in violation of Michigan’s right to work law…

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01 Dec 2015 Problems Persist With Teamsters’ Central State Pension Plan

  Most private sector employers do not offer defined benefit pension programs these days given the enormous costs they can impose. In addition, many pension plans currently in existence are severely underfunded, which means retirees drawing benefits – or future retirees planning to do so – may not get what they thought they would. The Teamsters’ Central State Pension Plan is one major pension fund that currently is facing financial difficulty. In fact, the U.S….

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30 Nov 2015 Micro-Unit Organizing & New NLRB Election Rules Mean Manufacturing Employers Must Be Vigilant

  Last week the NLRB took another step toward making it easier for unions to organize manufacturers. As has been widely reported, the United Auto Workers (UAW) has been trying any number of ways to organize the hourly production workers at a foreign auto producer’s manufacturing plant in Chattanooga, Tennessee. The UAW has used multiple tactics, including organizing on a European-based model, seeking the assistance and support of the employer’s European union, and having a…

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25 Nov 2015 Confidentiality Guaranteed? The D.C. Circuit Calls Into Question NLRB’s Banner Health Decision

  * This post was co-authored by Keith Brodie and Jackie Gessner   It’s been a while since we’ve discussed the National Labor Relations Board’s comprehensive guidelines for employee handbook rules.   Since the guidelines were released in March 2015, experts have analyzed case after case and one thing is evident – the guidelines and the ALJ and Board decisions are anything but clear, and in many cases the difference between legal or illegal will turn…

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25 Nov 2015 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 16 – 20, 2015

The Summary of NLRB decisions for the week of November 16 – 20, 2015, is now available.   Summarized Board Decisions     Alcoa, Inc. and Alcoa Commercial Windows, LLC d/b/a TRACO, a single employer  (06-CA-065365; 363 NLRB No. 39)  Cranberry Township, PA, November 16, 2015.   The Board unanimously adopted the Administrative Law Judge’s finding that Alcoa Inc. and Traco are a single employer and violated 8(a)(1) by denying off-duty and off-site Alcoa Inc….

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24 Nov 2015 NLRB Steps Up Enforcement Against Class Action Waivers Labor and Employment Law Alert

Many companies have mandatory arbitration agreements with their employees. Those agreements often contain class and collective action waivers, meaning employees must bring their claims individually. In a recent decision against Hobby Lobby Stores, Inc., regarding just such an agreement, an administrative law judge (ALJ) under the National Labor Relations Board (NLRB) once again ruled that such waivers violated the National Labor Relations Act, which protects “concerted activity” on behalf of employees to promote their mutual…

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20 Nov 2015 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 9 – 13, 2015

The Summary of NLRB decisions for the week of November 9 – 13, 2015, is now available.   Summarized Board Decisions   Amex Card Services Company, a subsidiary of American Express Travel Related Services Company, Inc., a subsidiary of American Express Company  (28-CA-123865; 363 NLRB No. 40)  Phoenix, AZ, November 10, 2015. Applying Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), enf. denied ___ F.3d ___ (5th Cir. Oct. 26, 2015), D.R. Horton, Inc.,…

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