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07 May 2016 NLRB Disregards Corporate Entity and Holds Individual Owners Liable for CBA Violations

In a case from earlier this week, Bella Masonry LLC was held to be the alter ego of Ace Masonry Inc. dba Ace Unlimited and both companies were found to have violated Section 8(a)(5) of the Labor Management Relations Act. Accordingly, the two companies were ordered by the National Labor Relations Board (NLRB) to make whole the employees for any differences in their pay resulting from the employer’s violations and also to make whole certain union…

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06 May 2016 Don’t Gamble With Your Email Policy

In what is one of the National Labor Relations Board’s (NLRB) first applications of the Purple Communications decision, NLRB administrative law judge (ALJ) Mara-Louise Anzalone has struck down an email policy at the Rio All-Suites Hotel in Las Vegas.   The hotel’s employee handbook contained a policy entitled “Use of Company Systems, Equipment, and Resources.”  It stated in relevant part:   Computer resources may not be used to: Commit, aid or abet in the commission…

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03 May 2016 You Can’t Make Me Be Positive!

Apparently if you ask employees to maintain a positive workplace, you are acting unlawfully. At least, that’s the National Labor Relations Board’s (NLRB) view of it.   In a decision last week in T-Mobile USA, Inc. and Communications Workers of America and Communications Workers of America Local 7011, AFL–CIO, the board agreed with administrative law judge (ALJ) Christine E. Dibble and overturned several of T-Mobile’s handbook rules. But the board then went further than Judge…

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29 Apr 2016 Summary of NLRB Decisions for Week of April 11 – 15, 2016

The summary of NLRB decisions for the week of April 11 – 15 is now available.   Summarized Board Decisions   William Beaumont Hospital  (07-CA-093885; 363 NLRB No. 162)  Royal Oak, MI, April 13, 2016.   A Board panel unanimously found that the Respondent lawfully maintained work rules that, among other things, prohibited employees from:  making willful and intentional threats and engaging in intimidation, harassment, humiliation, or coercion of employees, physicians, patients, or visitors; using…

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27 Apr 2016 Summary of NLRB Decisions for Week of April 4 – 8, 2016

The summary of NLRB decisions for the week of April 4 – 8 is now available.   Summarized Board Decisions   Premier Utility Services, LLC, a wholly owned subsidiary of USIC Locating Services, LLC  (29-RC-159452 and 29-RC-159545; 363 NLRB No. 159)  Hauppauge, NY, April 5, 2016.   A Board panel majority consisting of Chairman Pearce and Member Hirozawa denied the Employer’s Request for Review of the Regional Director’s Supplemental Decision on Challenges and Objections and…

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21 Apr 2016 Ties Go to the Runner and the NLRB

There’s an oft-cited but unwritten rule in baseball that all ties go to the runner. The D.C. Circuit Court of Appeals this week applied that same concept in upholding a decision of the National Labor Relations Board (NLRB) finding that musicians for the Lancaster Symphony Orchestra in Pennsylvania were employees of the Orchestra and not independent contractors.   In Lancaster Symphony Orchestra v. NLRB, the D.C. Circuit Court of Appeals examined an NLRB decision from…

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20 Apr 2016 Summary of NLRB Decisions for Week of March 28 – April 1, 2016

The summary of NLRB decisions for the week of March 28 – April 1 is now available.   Summarized Board Decisions   VHS of Michigan, Inc. d/b/a Detroit Medical Center  (07-CA-162818; 363 NLRB No. 155)  Detroit, MI, March 29, 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 either were not, or could not have been,…

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18 Apr 2016 GOP Moves to Block New Persuader Rule

Rep. Bradley Byrne (R-AL) has introduced a resolution (H.J. Res. 87) to block the implementation of the Department of Labor’s new “Persuader” Rule. The resolution is made pursuant to the Congressional Review Act and seeks to block the rule which is scheduled to go into effect on April 25.   Critics of the new rule argue that the regulation will make it harder for employers to communicate with employees and undermine the right of workers…

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14 Apr 2016 Summary of NLRB Decisions for Week of March 21-25, 2016

The summary of NLRB decisions for the week of March 21-25 is now available.   Summarized Board Decisions   D2 Abatement, Inc. and Premier Environmental Solutions LLC, Alter Egos  (07-CA-133250; 363 NLRB No. 153)  Dearborn, MI, March 22, 2016.   The Board denied the General Counsel’s motion for partial default judgment and remanded the proceeding to the Regional Director for further appropriate action.  The complaint alleges that Respondents D2 Abatement, Inc. (Respondent D2) and Premier…

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13 Apr 2016 Wisconsin Right-To-Work Law Ruled Unconstitutional by State Court Judge

Another state’s right-to-work law has been challenged in court and ruled unconstitutional – at least at the initial stage in the case. As we reported last year, Wisconsin Gov. Scott Walker signed the “freedom-to-work” bill into law on March 9, and Wisconsin unions filed a lawsuit against the state the next day challenging its constitutionality. Wisconsin Attorney General Brad Schimel will pursue an appeal of the decision and is considering whether to appeal directly to the Wisconsin…

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