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03 Jun 2016 Are Permanent Replacements Permanent Anymore?

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

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

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

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

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

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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16 May 2016 U.S. Chamber of Commerce Publishes State Labor Law Reform Report

On May 12, the U.S. Chamber of Commerce published a detailed 48-page report analyzing various state laws that have been (or could be) enacted that impact labor relations at the state level. For example, the report discusses at length Right-to-Work laws, laws prohibiting the use of “project labor agreements” and “mass picketing” statutes. It is an interesting read, and a copy can be found here. David PryzbylskiRecently recognized as one of the top under-40 labor lawyers…

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13 May 2016 The Latest in the NLRB Handbook Saga? Another Unlawful Recording Policy Fails to Pass Muster

Last month, the National Labor Relations Board (NLRB) yet again shed further light on its analysis – and increased scrutiny – of employers’ handbook policies.  The NLRB’s decision in T-Mobile USA, Inc., 363 NLRB No. 171 (Apr. 29, 2016), serves as a follow-up to an earlier decision with respect to rules restricting employees’ use of recording devices.  We talked about the T-Mobile decision in our post last week and thought we would continue the discussion…

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11 May 2016 DOL Defends Persuader Rule Claiming There Is No Threat to the Attorney-Client Privilege

On May 6, the Department of Labor (DOL) vigorously defended its revised and narrower interpretation of the “advice exception” in the Labor Management Reporting and Disclosure Act (LMRDA). In the final rule, the DOL announced on March 24 that it was changing its interpretation of the LMRDA’s “advice exception” and a number of law firms filed suit in the District Court of Minnesota (Labnet Inc. v. Perez, D. Minn. , No. 16-cv-844) seeking injunctive relief to…

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10 May 2016 AFL-CIO to Challenge West Virginia Right to Work Law

Yesterday, the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) gave the state of West Virginia’s attorney general and its acting labor commissioner a 30 day notice that it will challenge the constitutionality of the state’s Right to Work law.  Such notice is required under state law before any litigation can be filed and the notice sets up a legal fight over the controversial law.   In February, the West Virginia legislature overrode Governor Earl…

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