Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
7

19 Jan 2018 Trump Fills Final Vacancy on NLRB, Returns NLRB to Republican-Led Majority

  Employers may have thought the good news emanating from the National Labor Relations Board (NLRB) in the last month has died down. But things are only just getting started. On Jan. 12, President Trump filled the final vacant position on the NLRB, replacing the recently departing board chair Phillip Miscimarra with John Ring, a management-side labor law attorney with Morgan Lewis. This appointment would return the five-member board to a 3-2 Republican-led majority, and…

READ MORE
10

17 Jan 2018 How Will the Booming Economy, Corporate Tax Cuts, and Healthcare Uncertainty Affect Labor Negotiations in 2018?

  Bloomberg BNA recently published a report predicting that labor unions will be seeking to score more in wages and benefits in their 2018 collective bargaining agreements than in recent years. This is in light of the relative hot economy and significant corporate tax cuts going into effect. The fact that many non-union companies have publicly announced higher wages and bonuses for their employees based on the tax overhaul may encourage the unions to be…

READ MORE
12

12 Jan 2018 Union Sabotages Its Own Request For Information, Says NLRB

  The National Labor Relations Board (NLRB) generally places few limits on unions’ ability to request and receive information from employers related to members’ terms and conditions of employment, but a recent case demonstrates there are limits. On Jan. 9, the NLRB issued a decision in a case against IronTiger Logistics, Inc. in which the Machinists union alleged the company failed to timely and adequately respond to an extensive information request related to work assignments…

READ MORE
12

10 Jan 2018 Dirty Money: Report Shows Union Corruption Still Widespread

  Unfortunately, union corruption continues across the country. According to a recent report by the Detroit Free Press, “U.S. Department of Labor documents obtained by the Free Press show embezzlement from hundreds of union offices nationwide over the past decade. In just the past two years, more than 300 union locations have discovered theft, often resulting in more than one person charged in each instance, the records show. Two UAW incidents uncovered in 2017, one…

READ MORE
11

09 Jan 2018 Union Retirees Win Certification In Class Action Regarding Lifetime Medical Insurance Benefits

  Retiree benefits are a huge issue for many employers – from pure economic cost to administrative burdens. Accordingly, some companies have moved to limit or cut such benefits entirely. Of course, when doing so, companies need to navigate various legal issues, including under the Employee Retirement Income Security Act (ERISA) and, to the extent a union is in the picture, the National Labor Relations Act and/or Labor Management Relations Act (LMRA). A federal court…

READ MORE
7

08 Jan 2018 A Hail Mary? Union Fights To Keep NLRB Joint-Employer Case In Federal Court

  On Jan. 4, the Teamsters union filed a motion with the U.S. Court of Appeals for the D.C. Circuit in the infamous Browning-Ferris case requesting that the court reconsider its Dec. 22 order that remanded the case back to the NLRB. The reason? The Teamsters argue that one of the new NLRB members’ law firms was involved in the related Browning-Ferris case. The case was on appeal to the court from the NLRB.  …

READ MORE
7

05 Jan 2018 Trump’s NLRB Signals It Will Revisit Board’s Stance On ‘Confidential Severance Agreements’

  On Dec. 27, 2017, the National Labor Relations Board (NLRB) issued an order in which President Trump’s two appointed members – Marvin Kaplan and William Emanuel – stated that they want to revisit the board’s stance on confidentiality provisions contained in severance agreements (i.e., provisions that prohibit disclosures related to the terms and sometimes even the existence of the agreement). The two members specifically noted in the order that “they believe that, to the…

READ MORE
8

03 Jan 2018 Has Your Company Had an NLRB Charge Filed Against It Recently? If So, Here Are Two BIG Developments You Need to Know

  On Dec. 1, 2017, new National Labor Relations Board (NLRB) General Counsel Peter Robb issued a sweeping memo identifying various changes for the way his office may be handling a variety of issues before the board. The memo is jam-packed with many interesting points, but there are two critical ones that may immediately affect unfair labor practice charge investigations and litigation.   The first change deals with the NLRB’s “deferral policy.” For decades, the NLRB…

READ MORE
3

29 Dec 2017 NLRB Signals Reversal of Blocking Charge Policy

  Is the National Labor Relations Board’s (NLRB) blocking charge policy in its last days? Perhaps, according to a footnote in its recent decision in ADT Security Services Case 18-RD-206831 (December 20, 2017).   Current NLRB policy allows union elections to be paused if employees or the union file a complaint alleging that the employer committed an unfair labor practice. The current policy also permits halting an election if employees seeking decertification or disbanding of…

READ MORE
3

28 Dec 2017 Specialty Healthcare Death Throes Continue

  A week before Christmas employers got an early present when the newly constituted republican majority at the NLRB overruled the “overwhelming community-of-interest” unit configuration union election standard set out in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011).  In PCC Structurals, Inc., 365 NLRB no. 160 (December 15, 2017) the NLRB reset the clock and went back to applying its traditional community-of-interest factors when determining an appropriate unit (the proper…

READ MORE