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03 Aug 2016 Buyer Beware – NLRB Decision Creates New Risks for Purchasers of Union Operations

National Labor Relations Board | Keith Brodie

  The NLRB’s Successorship Rules   For some time, the NLRB’s general counsel has wanted to alter the National Labor Relations Act (NLRA) successorship doctrine in favor of unions. A recent NLRB decision on the “perfectly clear successor” exception has shed some light on the obligation for a purchaser to bargain with a union – and on its purchase agreement language and communication with employees.   The NLRA’s successorship doctrine sets the rules for when…

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28 Jul 2016 Summary of NLRB Decisions For Week of July 11 – 15

National Labor Relations Board | btlabor

  The summary of NLRB decisions for the week of July 11 – 15 is now available.   Summarized Board Decisions   Miller & Anderson, Inc.  (05-RC-079249; 364 NLRB No. 39)  Franklin County, PA, July 11, 2016. A Board majority, consisting of Chairman Pearce and Members Hirozawa and McFerran, found merit to the Petitioner’s request for review of the Regional Director’s administrative dismissal of the petition, and concluded that employer consent is not necessary for…

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26 Jul 2016 What’s Next For Central States?

Unions and Union Membership | Gerald Lutkus

  Central States, Southeast and Southwest Areas Pension Fund appears to have thrown up its collective hands following the Department of the Treasury’s rejection of its emergency rescue plan on May 6, 2016. A copy of the rejection letter is available here. Central States’ proposal, which would have cut benefits for more than 270,000 Teamsters retirees by as much as 70 percent, was filed with the government under the procedures set up in the 2014…

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22 Jul 2016 Summary of NLRB Decisions for Week of July 5 – 8

National Labor Relations Board | btlabor

  The summary of NLRB decisions for the week of July 5 – 8 is now available.   Summarized Board Decisions   Bristol Farms  (21-CA-103030; 364 NLRB No. 34)  Carson, CA, July 6, 2016. Applying D. R. Horton, Inc., 357 NLRB 2277 (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),…

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13 Jul 2016 Federal Court Strikes Down Part of Georgia’s Right to Work Law

Unions and Union Membership | John Koenig

  A federal court in Atlanta has struck down part of Georgia’s right to work law that sought to allow employees to withdraw from union membership and stop paying dues at any time. Federal law permits unions to impose irrevocable authorizations up to one year.   The law at issue became effective July 1, 2013.  Section 4 of the law prohibits an employer from deducting from “wages or other earnings of any employee any fee,…

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13 Jul 2016 Summary of NLRB Decisions for Week of June 27 – July 1, 2016

National Labor Relations Board | btlabor

  The summary of NLRB decisions for the week of June 27 – July 1 is now available.   Summarized Board Decisions   Graymont PA, Inc.  (06-CA-126251; 364 NLRB No. 37)  Pleasant Gap, PA, June 29, 2016. A Board majority consisting of Chairman Pearce and Members Hirozawa and McFerran affirmed the Administrative Law Judge’s finding that the Union did not clearly and unmistakably waive its right to bargain over changes to the Respondent’s work rules,…

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11 Jul 2016 NLRB Ruling: Temps Can be Part of Bargaining Units

National Labor Relations Board | John Koenig

  In a move foreshadowed on this blog for some time (see posts from July 7, 2015, and Sept. 30, 2015), the National Labor Relations Board (NLRB) released a decision today that will make it much easier for temporary employees to be included in bargaining units.   This issue has ping-ponged back and forth over the years. For decades, the rule was that if a union petitioned to represent direct employees at a work site along…

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07 Jul 2016 NLRB Begins Collecting Employer Information to Fulfill Executive Order

Federal Laws and Legislation, National Labor Relations Board | Jackie Gessner

Co-authored by Keith Brodie and Jackie Gessner.   The Fair Places and Safe Workplaces Executive Order was issued by President Barack Obama on July 31, 2014. Like several other executive orders promulgated by the current administration, the order imposes additional labor-related obligations on federal contractors.   Employers likely haven’t heard much about this until now because federal agencies have been working to adopt regulations to implement the order. Final rules are on the horizon, but the…

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06 Jul 2016 NLRB Hits Ceiling in Continual Push to Expand Scope of Protected Concerted Activity

National Labor Relations Board | btlabor

  Whether the National Labor Relations Board (NLRB) is issuing rulings invalidating employee handbook policies that encourage civil behavior among employees or attempting to get discharged employees reinstated after profanity-laced Facebook rants against their supervisors, the board seems determined to push the limits of what can be considered “protected concerted activity” under the National Labor Relations Act (NLRA). Regardless of whether an employer is a union shop or not, under the NLRA employers may not…

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27 Jun 2016 Texas Court Issues Nationwide Injunction Against DOL’s Persuader Rule

Federal Laws and Legislation | Scott Witlin

  A Texas Federal Court today issued a nationwide injunction preventing implementation of the Department of Labor’s (DOL) new persuader regulations. More details will be posted, but absent some action by the Fifth Circuit, the court’s ruling prevents the DOL from enforcing its regulation that were due to take effect on July 1.   Click here to read a Barnes & Thornburg legal alert on this topic. Scott WitlinScott J. Witlin is a partner in…

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