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15 Jun 2015 NLRB WEEKLY SUMMARY OF DECISIONS, JUNE 1 – 5, 2015

The Summary of NLRB decisions for the week of June 1 – 5, 2015, is now available on the NLRB’s website. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More Posts – Website

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12 Jun 2015 NLRB Jurisdiction Over Indian Tribes – Uncertainty Abounds

The last two weeks have seen a number of developments related to the NLRB’s ability to claim jurisdiction over Indian tribes and their operations. What is becoming clear is that nothing is settled, and this issue is likely headed for the Supreme Court or a possible legislative “fix.”   The first development was the NLRB’s June 4 decision in Chickasaw Nation d/b/a Winstar Casino, 362 NLRB No. 109. This unfair labor practice case was filed…

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11 Jun 2015 MERC Upholds Michigan Right to Work Decision Finding Teachers Can Withdraw From Union At Any Time

Yesterday the Michigan Employment Relations Commission (MERC) unanimously upheld a ruling under Michigan’s Right to Work Law, which   Declared the Michigan Education Association’s (MEA) “August window” for withdrawal from the union illegal; and   Permitted union-represented public employees to withdraw from their unions at any time.   We reported last September on MERC Administrative Law Judge Julia Stern’s initial decision, which determined that MEA’s attempt to limit employees’ right to withdraw from the union…

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09 Jun 2015 The Aftermath of “Ambush” Elections – Union Petitions Increase, Median Time to Election Decreases During First Month of Controversial Rule

As we have previously covered, the NLRB’s controversial “ambush” or “quickie” election rules went into effect April 14 of this year after a protracted legal battle. According to the NLRB, the controversial rules were intended to “streamline and modernize the representation case process and eliminate unnecessary litigation and delay.” But for many employers, the rules seem to be an unnecessary acceleration of the election process — one that unions have embraced to their advantage.  …

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05 Jun 2015 NLRB WEEKLY SUMMARY OF DECISIONS, MAY 26 – 29, 2015

The Summary of NLRB decisions for the week of May 26 – 29, 2015, is now available on the NLRB’s website. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More Posts – Website

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04 Jun 2015 WTF? NLRB’s OK with “Cut the Crap?”

The National Labor Relations Board (NLRB) has yet again undercut employers’ efforts to limit profane and vulgar language by workers finding vulgar buttons and stickers to be protected speech under the National Labor Relations Act (NLRA).   In Pacific Bell Telephone Company and Nevada Bell Telephone Company d/b/a AT&T and Communication Workers of America, Case # 20–CA–080400, the board ruled that the two companies violated the NLRA when they attempted to block workers from wearing…

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04 Jun 2015 House Committee Considers “NLRB’s Assault on Right-to-Work”

This is an update to an April 22, 2015, blog post.   On June 3, the House Committee on Education and the Workforce held a hearing it titled, “Compulsory Unionization through Grievance Fees: The NLRB’s Assault on Right-to-Work.” Chairman John Kline (R-MN) explained the basis for the hearing: “In recent years, the president’s appointees at the NLRB have undermined employee free choice through an ambush election scheme, stifled employee freedom through micro-unions, and restricted employee…

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28 May 2015 NLRB WEEKLY SUMMARY OF DECISIONS, MAY 18 – 22, 2015

The Summary of NLRB decisions for the week of May 18 – 22, 2015, is now available on the NLRB’s website. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More Posts – Website

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27 May 2015 DOL and FAR Council Propose Guidance and Regulations to Implement Executive Order

Earlier today, the United States Department of Labor (DOL) issued proposed guidance and regulations to implement the Fair Pay and Safe Workplaces Executive Order, E.O. 13673, which was signed by President Obama on July 31, 2014. The Order requires prospective federal contractors to disclose certain labor law violations and will give agencies more guidance on how to consider labor law violations when awarding federal contracts. Per the DOL’s press release: “most federal contractors will only…

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20 May 2015 NLRB Continues Assault On Employer Arbitration Agreements

On Monday, May 18, an administrative law judge (ALJ) for the National Labor Relations Board held a company violated the National Labor Relations Act by creating an arbitration program that effectively precluded employees from bringing class action lawsuits against the employer. Interestingly, the arbitration agreement at issue was silent on whether employees “waived” their ability to bring class action lawsuits against the company – unlike other agreements found unlawful by the Board that contained express…

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