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04 Apr 2016 NLRB Continues To Cite Its Infamous Specialty Healthcare Decision When Affirming Funky Bargaining Units

National Labor Relations Board | David Pryzbylski

  Nearly five years ago, the National Labor Relations Board (NLRB) issued its now infamous decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934, 940 (2011) that paved the way for a slew of “micro-units” being certified by the NLRB (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply to healthcare bargaining units). For those unfamiliar with micro-units, when filing an election petition with the…

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30 Mar 2016 California Labor Row Highlights Importance of Supreme Court Nomination Decision

Unions and Union Membership | Steve Hernandez

  Just over a month since the passing of Justice Antonin Scalia, a now-equally divided U.S. Supreme Court (4-4) issued a single-page per curiam opinion on March 29 affirming the Court of Appeals for the Ninth Circuit’s decision in Friedrichs v. California Teachers Assn., which allows public-sector unions in California to charge compulsory union fees to employees. This decision, while unsurprising considering the makeup of the court without Justice Scalia, had been expected to be…

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24 Mar 2016 Obama Supreme Court Nominee and the NLRB

Other | John Koenig

  If you are interested in how President Obama’s nominee to the Supreme Court may rule on labor issues, both the Wall Street Journal (subscription required) and Politico have published recent stories about Judge Merrick Garland’s record on the District of Columbia Circuit.   Also, in the “On Labor” blog, author Hannah Belitz prepared a very thorough analysis of Judge’s Garland’s judicial record on NLRB cases. In her review, she found, “Between 1997 and 2016, Judge…

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23 Mar 2016 DOL Publishes Final Persuader Rule

Union Organizing | John Koenig

  The U.S. Department of Labor (DOL) has published its long-awaited final rule regarding “persuaders” hired by employers during union organizing campaigns. The text of the full rule (clocking in at 446 pages) can be found here.   The rule essentially rewrites (although, the DOL uses the word “realigns”) the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). As stated by the DOL, “This Final Rule requires that employers and the consultants they hire file reports…

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22 Mar 2016 Summary of NLRB Decisions for Week of Feb. 22-26, 2016

National Labor Relations Board | btlabor

The summary of NLRB decisions for the week of Feb. 22-26 is now available.   Summarized Board Decisions   Alternative Entertainment, Inc.  (07-CA-144404; 363 NLRB No. 131)  Bryon Center, MI, February 22, 2016.   The Board affirmed the judge’s findings that the Respondent violated Section 8(a)(1) by:  (a) maintaining a handbook rule prohibiting the unauthorized disclosure of employee compensation and salary information; (b) prohibiting an employee from discussing changes to compensation with his coworkers; and…

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21 Mar 2016 Summary Data Released by NLRB Confirms Its “Ambush Election Rules” Truncate Time Between Petition, Election

National Labor Relations Board | David Pryzbylski

  As of Jan. 14, the National Labor Relation Board’s (NLRB) infamous “ambush election rules” had been in effect for three quarters. The NLRB recently conducted a review and analysis of union election data during those quarters and published its findings. The report offers data related to the new rules from April 14, 2015, through Jan. 14, 2016, and compares that data against petitions and elections that occurred under the prior rules from April 14, 2014,…

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18 Mar 2016 Summary of NLRB Decisions for Week of Feb. 16-19, 2016

National Labor Relations Board | btlabor

  The summary of NLRB decisions for the week of Feb. 16-19 is now available.   Summarized Board Decisions   Vince & Sons Co. and Jo Mo Enterprises, Inc. d/b/a Vince & Sons Pasta, alter-ego and/or Golden State Successor  (13-CA-123828; 363 NLRB No. 121)  Bridgeview, IL, February 17, 2016. The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the compliance specification.  Accordingly, the Board…

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18 Mar 2016 Burrito Bowls, Guacamole, &. . .Tweets? NLRB Judge Finds Social Media Policy Unlawful

National Labor Relations Board | Jackie Gessner

  There’s more bad news this week for restaurant chain Chipotle Mexican Grill, but this time it has nothing to do with the food.   Last year, we heard about an NLRB decision upholding an administrative law judge’s (ALJ) finding that the restaurant had committed an unfair labor practice. According to the decision, Chipotle had allegedly threatened and interrogated employees who engaged in discussions about their pay. The employee at issue in the case had worked…

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

Unions and Union Membership | Keith Brodie

  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”

National Labor Relations Board | Keith Brodie

  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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