Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
0

28 Oct 2016 Summary of NLRB Decisions for Week of Oct. 17-21

The summary of NLRB decisions for the week of Oct. 17-21 is now available.   Summarized Board Decisions   Prime Healthcare Services-Encino, LLC d/b/a Encino Hospital Medical Center and Prime Healthcare Services-Garden Grove, LLC d/b/a Garden Grove Hospital & Medical Center  (21-CA-080722, 31-CA-066061, 31-CA-070323, and  31-CA-080554; 364 NLRB No. 128)  Garden Grove, CA, October 17, 2016.   The Board adopted the Administrative Law Judge’s conclusion that the Respondents violated Section 8(a)(5) and (1) by failing to…

READ MORE
0

27 Oct 2016 Down to the Wire: DOL’s “Blacklisting Rule” Enjoined

  A federal judge in Texas has blocked implementation of major portions of the U.S. Department of Labor’s (DOL) Fair Pay and Safe Workplaces rule, the so-called “blacklisting” rule.   Judge Marcia A. Crone of the U.S. District Court for the Eastern District of Texas entered a nationwide preliminary injunction order on Oct. 24 blocking the Oct. 25 implementation date of the DOL rule, along with a related Obama Executive Order, the Federal Acquisitions Regulations…

READ MORE
0

24 Oct 2016 Smaller Bonuses for Union Employees Not Discriminatory or Inherently Destructive, But Failure to Give Notice Leads to Unilateral Change Liability

    An Oct. 11, decision by an NLRB Administrative Law Judge (ALJ) reinforces several important lessons employers should heed when paying bonuses (or providing other benefits) to union employees and other non-union employees. In Viejas Band of Komeyaay Indians d/b/a Viejas Casino & Resort, Case No. 21-CA-166290, the ALJ first found that the agency did indeed have jurisdiction over the Viejas Casino & Resort run by the Viejas Band of Kumeyaay Indians. The ALJ…

READ MORE
0

19 Oct 2016 Operators Local 150 General Counsel Sues for Defamation

  Dale Pierson, attorney and general counsel for Local 150 of the International Union of Operating Engineers, has brought suit against the National Institute for Labor Relations Research (NILRR) claiming the group defamed him in its online posts that reported on the union’s litigation effort to overturn Indiana’s Right-to-Work Act.   NILRR identifies itself as “a non-profit research facility analyzing and exposing the inequities of compulsory unionism.” It is located in Springfield, Virginia, and maintains…

READ MORE
0

05 Oct 2016 The Hits Keep On Coming: NLRB General Counsel’s Office Seeks Potential Modifications to the Law Regarding Intermittent Strikes

  National Labor Relations Board (NLRB) case law has long held that  while “full” strikes constitute protected activity under the National Labor Relations Act (NLRA), intermittent strikes (a pattern of going out, coming back, going out again) generally are unprotected. “Unprotected” does not mean that a labor union is prohibited from engaging in the activity (i.e., they do not constitute an 8(b) violation under the Act); rather, it means employees engage in the activity at…

READ MORE
0

04 Oct 2016 Summary of NLRB Decisions for Week of Sept. 19-23

  The summary of NLRB decisions for the week of Sept. 19-23 is now available.   Summarized Board Decisions   Kelaye Concrete LLCV  (19-CA-168201, 19-CA-171176 and 19-CA-171823; 364 NLRB No. 123)  Boring, OR, September 19, 2016.   The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the consolidated complaint.  The Board found that the Respondent violated Section 8(a)(1) by: (1) threatening employees that they would not…

READ MORE
0

30 Sep 2016 Can a Routine Phone Call Lead to Discipline? – The Blurry Line When it Comes to Weingarten Rights

  In a recent reversal by the NLRB, the Board held that the judge had inappropriately deferred to an arbitration award. Verizon California, Inc., 364 NLRB No. 79 (Aug. 19, 2016). The arbitrator had found that an employee was not entitled to Weingarten rights (the right to have union representation present) during a telephone call with his supervisor, but the Board held otherwise.   The employee in this case was a field technician with Verizon…

READ MORE
0

23 Sep 2016 Summary of NLRB Decisions for Week of Sept. 12-16

  The summary of NLRB decisions for the week of Sept. 12-16 is now available.   Summarized Board Decisions   Hanson Cold Storage Co. of Indiana d/b/a Hanson Logistics  (13-CA-178619; 364 NLRB No. 121)  Hobart, IN, September 13, 2016.   The Board granted the General Counsel’s motion for summary judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in…

READ MORE
0

16 Sep 2016 Summary of NLRB Decisions for Week of Aug. 29 – Sept. 2

  The summary of NLRB decisions for the week of Aug. 29 – Sept. 2 is now available.   Summarized Board Decisions   Pittsburgh Athletic Association  (06-CA-169088; 364 NLRB No. 105)  Pittsburgh, PA, August 29, 2016.   The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing to bargain collectively…

READ MORE
0

09 Sep 2016 Summary of NLRB Decisions for Week of Aug. 15 – 19

  The summary of NLRB decisions for the week of Aug. 15-19 is now available.   Summarized Board Decisions   Retro Environmental, Inc./Green Jobworks, LLC  (05-RC-153468; 364 NLRB No. 70)  Washington, DC, August 16, 2016.   In this decision on review, a Board panel majority consisting of Chairman Pearce and Member Hirozawa reversed the Regional Director’s dismissal of the petition, finding that Retro Environmental, Inc. and Green JobWorks, LLC are joint employers of the employees in…

READ MORE