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30 Aug 2018 Polite President or Political Deal? Trump Renominates Pro-Union Mark Gaston Pearce To NLRB

This week, President Donald Trump renominated former chairman and member of the National Labor Relations Board (NLRB) Mark Gaston Pearce to a third term. Pearce, who served as chairman of the NLRB from 2011 to the change in administrations in January 2017, is a former union lawyer appointed by former President Barack Obama in 2010. Trump, who appointed two pro-management board members within the last year in Marvin Kaplan and Bill Emanuel, may have been…

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21 Aug 2018 Woo-Hoo! NLRB Now Permitting Class Action Waivers

For years employers around the country operated in area of uncertainty with respect to whether “class action waivers” in employment agreements – such as those included in mandatory arbitration programs – were enforceable.   The National Labor Relations Board (NLRB) routinely took the view that such waivers violated the National Labor Relations Act (NLRA). Now, the board is finally backing off that position.   Class action waivers prohibit employees from forming class or collective actions under…

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17 Aug 2018 When Do Employee Weingarten Rights Kick In?

Since the landmark Weingarten U.S. Supreme Court decision in 1975, union-represented employees covered by the National Labor Relations Act (NLRA) have been entitled to union representation during certain investigatory interviews. Specifically, when an employee is brought in for an investigatory interview that could lead to disciplinary action of that employee, he or she has the right to a union representative being present for the interview as well, if such representation is requested. This has come…

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14 Aug 2018 NLRB To Renegotiate … Its Own CBA!

The National Labor Relations Board (NLRB) oversees the vast majority of private sector labor relations in the U.S., including alleged wrongdoing during collective bargaining negotiations between employers and their unions.  Many people, however, are unaware of the fact that many NLRB staffers are themselves members of a union and have their own collective bargaining agreement (CBA) with the agency.   According to a new report from Bloomberg BNA, the agency is poised to renegotiate its…

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10 Aug 2018 Missouri Voters Deliver Blow to Right-to-Work Movement

On August 7, the voters of Missouri rejected Proposition A, a ballot measure that would have implemented right-to-work legislation signed by Governor Eric Greitens last year.   Over the past handful of years, the right-to-work movement has scored a number of victories, particularly in the Midwest. Indiana (2012), Michigan (2012), Wisconsin (2015), West Virginia (2016), and Kentucky (2017) all passed legislation making it unlawful for employees to be forced to become a union member or…

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09 Aug 2018 No Soliciting: Employer Solicitation Ban Ruled Unlawful

Many employers have policies in place that prohibit employees from soliciting other workers for third party causes and/or distributing non-business literature. Care must be taken, however, to ensure that such policies conform to the National Labor Relations Act (NLRA). Generally, under the NLRA, companies may not prohibit employees from soliciting other workers during non-working time, nor may they prohibit the distribution of literature in non-work areas during non-working time. The National Labor Relations Board (NLRB)…

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08 Aug 2018 Dinged For Doing The Right Thing: NLRB Says Employer Must Produce Names Of Witnesses In Harassment Investigation

The situation is a common one. An employer conducts an investigation into allegations that an employee sexually harassed another employee. The employer interviews a number of witnesses, including the alleged victim and harasser, and a disciplinary decision is made. In some workplaces, the hard work is over once the investigation is complete, but with a union, the hard work is yet to come.   Those are the basic facts of American Medical Response West, a…

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02 Aug 2018 Changes Coming to NLRB’s Stance On Company E-Mail Policies?

The National Labor Relations Board (NLRB) made waves several years ago when it issued a ruling that declared employers, generally, cannot prohibit employees from using a company’s email system for union organizing purposes or other activities protected by the National Labor Relations Act. The ruling applied to both union and non-union employers. In December of last year, NLRB General Counsel Peter Robb issued a memo indicating that his office may seek to get various board…

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01 Aug 2018 Moving The Needle: NLRB GC Announces Agency Process Changes

On July 30, the National Labor Relations Board’s (NLRB) General Counsel’s Office issued a memo announcing some potentially significant process changes within the agency. One of the changes involves the establishment of committees within the various NLRB Regions that will be responsible for drafting pre-election decisions. For example, if the parties to a union election dispute the scope of the unit at issue, a designated committee will be responsible for researching the issue and drafting…

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24 Jul 2018 Fiat Chrysler UAW Collective Bargaining Process Under a Microscope

Yesterday another high ranking UAW official pled guilty in the federal government’s ongoing investigation into Fiat Chrysler’s and high-ranking UAW officials’ payoff scandal (see previous posts: Jun 12 | March 23 | Nov 3) Nancy Adams Johnson, a top assistant to UAW Vice President Jewell Norwood, admitted to receiving illegal payments and using funds illegally from Fiat Chrysler. The government’s investigation now has been expanded to include other automakers as well, but currently the UAW…

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