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19 Feb 2016 A Practice in Legal Fundamentals: Third Circuit Court Tells NLRB to Apply the Correct Legal Test

National Labor Relations Board | Jackie Gessner

  In a recent Third Circuit opinion, the NLRB got a little lesson in legal analysis. In MCPc, Inc. v. NLRB, Nos. 14–1379, 14–1731, 2016 WL 559219 (3rd Cir., Feb. 12, 2016), the court instructed the Board regarding the correct legal test to be applied to an employee’s unfair labor practice claim. The Board’s Wright Line decision has for years been the correct standard for determining whether an employer’s decision to discharge an employee was improperly…

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18 Feb 2016 WEST VIRGINIA BECOMES 26TH RIGHT-TO-WORK STATE

State Labor Laws, Unions and Union Membership | Keith Brodie

  West Virginia will now join 25 other states which have adopted right-to-work legislation preventing private employers from requiring workers to pay union dues as a condition of employment. West Virginia lawmakers passed the measure in early February, but Democratic Governor Earl Ray Tomblin vetoed the measure. However, on Friday, Feb. 12, the Republican-controlled West Virginia legislature overrode the Governor’s veto.   West Virginia’s Right-to-Work law will become effective July 1 of this year. Right-to-Work…

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17 Feb 2016 JUSTICE SCALIA’S DEATH PLACES OUTCOME IN LIMBO FOR FRIEDRICHS

Other | Keith Brodie

  The sudden and tragic death of Supreme Court Justice Antonin Scalia is likely to stall what was expected to be another blow to labor unions in Friedrichs v. California Teachers Association.   As previously reported here, what was at stake in Friedrichs was public employee unions’ (especially teachers unions) ability to collect membership dues and fees.  Many prognosticators believed Justice Scalia represented the deciding vote for the majority headed by Justice Alito.  Justic Alito…

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15 Feb 2016 Court Holds Company Can Reject Terms, Conditions of Expired CBA

National Labor Relations Board | Adam Bartrom

  Against the constant current of labor-friendly decisions, the Third Circuit Court of Appeals recently provided a win to employers. As most National Labor Relations Board (NLRB) watchers know, the NLRB requires employers to adhere to the terms and conditions of an expired collective bargaining agreement (CBA) either until a new agreement has been reached or the parties achieve impasse.   Continue reading this Barnes & Thornburg publication… Adam BartromAdam Bartrom of the firm’s Labor…

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15 Feb 2016 NLRB WEEKLY SUMMARY OF DECISIONS, Jan. 19 – 22, 2016

National Labor Relations Board, Uncategorized | btlabor

  The summary of NLRB decisions for the week of Jan. 19-22 is now available.   Summarized Board Decisions   Century Fast Foods, Inc.  (31-CA-116102; 363 NLRB No. 97)  Chatsworth, CA, January 20, 2016. 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) and D.R. Horton, Inc., 357 NLRB No. 184 (2012), enf. denied in relevant part…

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05 Feb 2016 County Right-to-Work Laws in Kentucky Struck Down By Federal District Court

Unions and Union Membership | David Pryzbylski

  As previously reported on the blog, last year several counties in Kentucky passed Right-to-Work ordinances that prohibited companies and unions within their borders from requiring union dues as a condition of employment. We also noted that the laws were being challenged in Kentucky federal court by the UAW and several other unions. The unions, who were supported by the NLRB, argued that the Section 14(b) NLRA preempts “counties” from enacting Right-to-Work laws, as Section…

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04 Feb 2016 11th Circuit Overturns NLRB: Finds Atlanta-area Stagehands are Independent Contractors

National Labor Relations Board | John Koenig

  The 11th Circuit Court of Appeals yesterday vacated a decision by the NLRB holding that a company, an Atlanta-area stagehand referral service, violated the National Labor Relations Act (NLRA). The company refers stagehands to producers of concerts, sporting events, and other live events in the Atlanta area. In 2014, the International Alliance of Theatrical Stage Employees union sought to represent the stagehands who contract with the referral service. The NLRB determined that the stagehands were employees of…

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04 Feb 2016 NLRB WEEKLY SUMMARY OF DECISIONS, JAN. 11-15, 2016

National Labor Relations Board | btlabor

  The summary of NLRB decisions for the week of Jan. 11-15 is now available.   Summarized Board Decisions   Micropower USA Corp. (02-CA-130858, et al.; 363 NLRB No. 93)  New York, NY, January 11, 2016. The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the amended compliance specification.  Accordingly, the Board ordered the Respondent to pay the 10 discriminatees the amounts stated in…

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28 Jan 2016 NLRB WEEKLY SUMMARY OF DECISIONS, Jan. 4-8, 2016

National Labor Relations Board | btlabor

The summary of NLRB decisions for the week of Jan. 4-8 is now available.   Summarized Board Decisions   Colonial Parking  (05-CA-141241; 363 NLRB No. 90)  Washington, DC, January 5, 2016. The Board affirmed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by coercively interrogating employees and threatening them with both unspecified reprisals as well as discharge. The Board also affirmed the judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by…

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26 Jan 2016 NLRB’s New Joint-Employer Standard To Be Put To The Test In Federal Court

National Labor Relations Board | David Pryzbylski

  As previously reported by the blog and widely throughout mainstream media, last year the NLRB significantly altered its standard for evaluating whether staffing companies and their customers constitute as “joint-employers” under the NLRA. Under the NLRB’s old test for finding “joint-employer status,” the NLRB found such status “where two separate entities share or codetermine those matters governing the essential terms and conditions of employment.” TLI, Inc., 271 N.L.R.B. 798, 798 (1984).  Additionally, “there must…

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