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31 Dec 2014 Right to Work Battle Not Over in Indiana?

Union Organizing, Unions and Union Membership | Gerald Lutkus

Despite the recent Indiana Supreme Court and 7th Circuit rulings upholding the constitutionality of Indiana’s Right to Work Act under both the state and federal constitutions, the Indiana Lawyer is reporting today that the battles might not yet be over. The publication quotes Dale Pierson, general counsel for the International Union of Operating Engineers Local 150, that the union decided to go ahead with a petition for review en banc by the full 7th Circuit…

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17 Dec 2014 NLRB WEEKLY SUMMARY OF DECISIONS, DECEMBER 8 – 12, 2014

National Labor Relations Board | Keith Brodie

The Summary of NLRB decisions for the week of December 8 – 12, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions…

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12 Dec 2014 NLRB DROPS THE OTHER SHOE – APPROVES QUICKIE ELECTION RULES

National Labor Relations Board | Gerald Lutkus

Just one day after decimating employers’ ability to restrict employee use of email systems, the NLRB dealt another blow to employers on Friday when it approved new rules for the conduct of union representation elections – commonly referred to as the “quickie” or “ambush” election rules.   The Board’s announcement today called the new rules an effort “to modernize and streamline the process.” However, the two Republican Board members dissenting from the rule change called…

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11 Dec 2014 NLRB HACKS EMAIL SYSTEMS OF EVERY BUSINESS IN THE U.S.

National Labor Relations Board, Union Organizing | Scott Witlin

Earlier today, the NLRB reversed existing precedent and granted all employees the right to use their employer’s email systems for union organizing and other forms of protected concerted activity. In Purple Communications, Inc., the employer’s policy limited employee use of its email and other electronic systems to “business purposes only” and “specifically prohibit[ing]” certain uses by employees. While the employer had a policy that all parties acknowledged complied with existing law, the Board  reversed course, declaring…

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09 Dec 2014 Senate Confirms McFerran as New NLRB Member

National Labor Relations Board | Gerald Lutkus

The U.S. Senate in a later afternoon vote Monday confirmed Lauren McFerran as the next member of the National Labor Relations Board. McFerran replaces Democrat Nancy Shiffer. McFerran’s confirmation ensures that the Board will stay solidly pro-union without a gap following Shiffer’s last day on Dec. 16.   The Senate voted 54-40 along party lines to confirm McFerran. McFerran will serve a five-year term which expires Dec. 16, 2019.   McFerran currently serves as chief…

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04 Dec 2014 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 24 – 28, 2014

National Labor Relations Board | Keith Brodie

The Summary of NLRB decisions for the week of November 24 – 28, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions…

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03 Dec 2014 NLRB Ruling Critical of Company Distribution / Solicitation Rule

National Labor Relations Board | John Koenig

The NLRB last week affirmed an earlier ALJ decision finding that Mercedes-Benz US International, Inc.’s non-solicitation and non-distribution rule was overbroad and violated the Act by prohibiting discussions of union organizing by employees in working areas and prohibiting distribution of union literature in “mixed use” or non-working areas.   The portion of MBUSI’s handbook policy on solicitation and distribution provided as follows:   “MBUSI prohibits solicitation and/or distribution of non-work related materials by Team Members…

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02 Dec 2014 NLRB WEEKLY SUMMARY OF DECISIONS, NOVEMBER 17 – 21, 2014

National Labor Relations Board | Keith Brodie

The Summary of NLRB decisions for the week of November 17 – 21, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions…

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26 Nov 2014 NLRB Advice Memo follows Alan Ritchey on Discretionary Discipline, Despite Nullification by Noel Canning

National Labor Relations Board | btlabor

In an Advice Memo released last week, the NLRB General Counsel continued to apply the Board’s controversial decision in Alan Ritchey, 359 NLRB No. 40 (2012), which required employers to bargain before making discretionary discipline decisions in certain first contract situations where there is no contract or grievance procedure in place.  The Alan Ritchey decision was nullified by the U.S. Supreme Court’s Noel Canning decision in June, because Members Sharon Block and Richard Griffin, whose recess…

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25 Nov 2014 Amazon Settlement with NLRB a Reminder for Employers — “Confidential” Wage Policies Violate the NLRA

National Labor Relations Board | btlabor

Last week in a settlement with the NLRB, online retailer Amazon agreed to allow its largely non-union workforce to discuss pay and working conditions with each other without fear of discipline. The settlement, as reported by Bloomberg News which obtained a copy, required Amazon to rescind certain work rules that prohibited workers from sharing information with one another, although Amazon did not admit any violation of the NLRA.   Amazon’s work rule was considered too…

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