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17 Mar 2016 Right-to-Work – Union Shenanigans and Another State (Colorado) In Play

  As previously reported, West Virginia recently became the 26th state to pass a Right-to-Work law, which generally prohibits forced union membership by outlawing union security provisions in collective bargaining agreements. However, in states with Right-to-Work laws, even if the employee has opted out of paying dues, unions still have an obligation to represent employees covered by their collective bargaining agreements in grievance procedures.   NLRB Responses to Right-to-Work:   Right-to-Work legislation is permitted under…

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16 Mar 2016 NLRB Activism Has A Cost: Budget Shortfalls and NLRB’s “Belt Tightening”

  The National Labor Relations Board’s (NLRB) Associate General Counsel Anne Purcell recently issued an Operations Management Memo OM 16-09, which describes how the NLRB plans on addressing its budget shortfall.   As has been widely reported over the last number of years, the NLRB has been exceedingly active in numerous ways, including: changing the basic groundwork of its long standing union election rules; going to Complaint on all types of employer handbook rules; vigorously…

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07 Mar 2016 Summary of NLRB Decisions for Week of Feb. 8 – 12, 2016

  The summary of NLRB decisions for the week of Feb. 8-12 is now available.   Summarized Board Decisions   G4S Government Solutions, Inc., d/b/a WSI Savannah River Site, a/k/a WSI-SRS  (10-RC-126849; 363 NLRB No. 113)  Barnwell, SC, February 10, 2016. A Board panel majority consisting of Chairman Pearce and Member Hirozawa affirmed the Regional Director’s finding that the Employer failed to establish that the petitioned-for lieutenants are statutory supervisors.  The majority found that the…

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01 Mar 2016 Summary of NLRB Decisions for Week of Feb. 1 – 5, 2016

  The summary of NLRB decisions for the week of Feb. 1-5 is now available.     Summarized Board Decisions   Waffle House, Inc.  (10-CA-121178; 363 NLRB No. 104)  Norcross, GA, February 1, 2016. Applying its decisions in D. R. Horton, Inc., 357 NLRB No. 184 (2012), enf. denied in relevant part 737 F.3d 344 (5th Cir. 2013) and Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), enf. denied in relevant part 808 F.3d 1013 (5th Cir. 2015), a Board panel majority…

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26 Feb 2016 NLRB Commits Unfair Labor Practice With Its Own Union

  An administrate law judge (ALJ) with the Federal Relations Authority has found the National Labor Relations Board (NLRB) committed an unfair labor practice by not bargaining with its own union related to the agency’s office relocation to another part of the District of Columbia.   The National Labor Relations Board Union (NLRBU) represents certain employees who work for the NLRB, including approximately 62 employees at the agency headquarters in Washington, D.C. In 2010, the agency…

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23 Feb 2016 NLRB Exploring Possible Expansion To Its ‘Make-Whole Remedies’ In Discharge Cases

  On Feb. 19, the NLRB announced that it was seeking briefs in an action where the scope of a “make-whole” remedy potentially is in dispute. Specifically, the NLRB will be evaluating whether to alter its existing rules related to offsetting an unlawfully discharged employee’s interim work search expenses against the amount of interim earnings deducted from backpay calculations. Currently, the NLRB only allows discharged employees who are actually successful in obtaining subsequent employment to receive any type of reimbursement credit for these expenses. Now, the NLRB’s general…

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22 Feb 2016 NLRB WEEKLY SUMMARY OF DECISIONS, JAN. 25 – 29, 2016

The summary of NLRB decisions for the week of Jan. 25-29 is now available.   Summarized Board Decisions   Guardsmark, LLC  (05-RC-143199; 363 NLRB No. 103)  Washington, DC, January 29, 2016. A full-Board majority consisting of Chairman Pearce and Members Hirozawa and McFerran adopted the Regional Director’s recommendation to overrule the Employer’s objection (Objection 2) alleging that it was improperly prohibited from holding a mass campaign meeting on the morning ballots were scheduled to be…

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19 Feb 2016 A Practice in Legal Fundamentals: Third Circuit Court Tells NLRB to Apply the Correct Legal Test

  In a recent Third Circuit opinion, the NLRB got a little lesson in legal analysis. In MCPc, Inc. v. NLRB, Nos. 14–1379, 14–1731, 2016 WL 559219 (3rd Cir., Feb. 12, 2016), the court instructed the Board regarding the correct legal test to be applied to an employee’s unfair labor practice claim. The Board’s Wright Line decision has for years been the correct standard for determining whether an employer’s decision to discharge an employee was improperly…

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18 Feb 2016 WEST VIRGINIA BECOMES 26TH RIGHT-TO-WORK STATE

  West Virginia will now join 25 other states which have adopted right-to-work legislation preventing private employers from requiring workers to pay union dues as a condition of employment. West Virginia lawmakers passed the measure in early February, but Democratic Governor Earl Ray Tomblin vetoed the measure. However, on Friday, Feb. 12, the Republican-controlled West Virginia legislature overrode the Governor’s veto.   West Virginia’s Right-to-Work law will become effective July 1 of this year. Right-to-Work…

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17 Feb 2016 JUSTICE SCALIA’S DEATH PLACES OUTCOME IN LIMBO FOR FRIEDRICHS

  The sudden and tragic death of Supreme Court Justice Antonin Scalia is likely to stall what was expected to be another blow to labor unions in Friedrichs v. California Teachers Association.   As previously reported here, what was at stake in Friedrichs was public employee unions’ (especially teachers unions) ability to collect membership dues and fees.  Many prognosticators believed Justice Scalia represented the deciding vote for the majority headed by Justice Alito.  Justic Alito…

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