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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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13 Nov 2015 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 2 – 6, 2015

The Summary of NLRB decisions for the week of November 2 – 6, 2015, is now available.   Summarized Board Decisions   Aria Resort & Casino, LLC d/b/a Aria  (28-RC-154093; 363 NLRB No. 24)  Las Vegas, NV, November 3, 2015. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election.  In this case, the Petitioner failed to check a box on the petition for indicating that it had…

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13 Nov 2015 What Is It Really Like To Deal With The NLRB’s New Quickie Election Rules (Part 1)

By now most people have heard about the fact that the Obama NLRB has changed the union election landscape with new “quickie election” rules that are designed to help unions win more elections.   But many readers may be wondering what the practical impact of these rules really are. Having spent a part of the summer dealing with two union election petitions, I wanted to share some of the biggest issues these new rules raise for…

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10 Nov 2015 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 26 – 30, 2015

The Summary of NLRB decisions for the week of October 26 – 30, 2015, is now available.   Summarized Board Decisions   Marina Del Rey Hospital  (31-CA-029929, et al.; 363 NLRB No. 22)  Marina Del Rey, CA, October 27, 2015.  Correction to Decision and Order issued October 22, 2015.  Correction substituting Amended Decision. *** Linda Construction, Inc.  (13-CA-125200; 363 NLRB No. 28)  Country Club Hills, IL, October 28, 2015. The Board granted the General Counsel’s…

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06 Nov 2015 Target Faces First Ever Union

The Wall Street Journal reports the NLRB has rejected an appeal from Target Corp. seeking to invalidate an employee vote in favor of unionization.  In September, a “micro-unit” of about one dozen pharmacy workers in Brooklyn, NY voted in favor of unionization.  The company appealed, but the NLRB affirmed the vote yesterday.   As reported in the article, “The group of less than a dozen employees in Brooklyn, N.Y., would be the first union among…

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04 Nov 2015 IBEW Rule Requiring Photo ID to Resign Upheld by NLRB Judge

The NLRB has been opposing union rules which make it difficult for union members to resign their membership and withdraw dues deduction authorizations. In Sulkowski v. UAW, 07-CB-140311, NLRB Region 7 issued a complaint against the UAW for requiring members to resign in person, with proper identification, and then not effectuating the resignation until these procedures had been met. After Region 7 issued a complaint, the UAW settled.   The Board also brought an action…

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04 Nov 2015 NLRB Issues Updated Bench Book for ALJs

The NLRB recently issued an updated “Bench Book” for its administrative law judges (ALJs) to use during NLRB administrative trials. The Bench Book is used as a reference guide by ALJs for evidentiary and procedural issues, and it includes references to NLRB precedent that may affect proceedings.  The last version of the Bench Book was issued in 2010, so the 2015 version has nearly five years of case law updates, as it has case cites…

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02 Nov 2015 Employer Off-Duty Access Rule Roadmap (Kinda): NLRB Approves Off-Duty Access Rule But Finds Discrimination In Employer Application of That Rule

In Marina Del Ray Hospital, 31-CA-029929 (Oct. 22, 2015), the NLRB upheld a hospital’s off-duty access policy as lawful on its face, but then concluded that the hospital applied the policy in a discriminatory manner by permitting social events while barring meetings with union representatives.  Relying upon Tri-County Medical Center, 222 NLRB 1089 (1976), the NLRB confirmed that employers may maintain off-duty employee access policies so long as they are “limited to the interior of…

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30 Oct 2015 Better Late Than Never? In Election Using Mailed-In Ballots, NLRB Says Postal Service Failure Is No Excuse for Late Ballots

Recent posts have discussed in great detail the Board’s new election rules and how they have already begun to impact employers, including our post earlier this week about voter eligibility lists. In a recent Board decision, however, the Board relied on its old precedent to uphold election results and deny an employer’s request for review.   In Classic Valet Parking, Inc., No. 29-RC-148399 (N.L.R.B. Oct. 23, 2015), an employer sought review of a regional director’s decision…

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