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14 Jan 2015 EVENLY DIVIDED 7TH CIRCUIT REJECTS EN BANC REVIEW OF INDIANA’S RIGHT TO WORK ACT

In a somewhat rare occurrence, the United States Court of Appeals for the Seventh Circuit is split right down the middle on whether to rehear a union’s challenge to the constitutionality of Indiana’s Right to Work Act.  The Court voted  5-to-5 Tuesday on whether to rehear the appeal en banc.  The even split means the three-judge panel’s decision from September, 2014 upholding the statute under the United States Constitution stands.   The 2014 decision upholding…

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08 Jan 2015 NLRB WEEKLY SUMMARY OF DECISIONS, DECEMBER 29, 2014 – JANUARY 2, 2015

The Summary of NLRB decisions for the week of December 29, 2014 – January 2, 2015, is now available on the NLRB’s website. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues. More Posts – Website

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07 Jan 2015 NLRB Sued Over Quickie Election Rule

In an utterly unsurprising development, a coalition of trade associations headed by the Chamber of Commerce of the United States of America filed a lawsuit  against the National Labor Relations Board (the NLRB) before the U.S. District Court for the District of Columbia. The lawsuit, filed on Jan. 5, 2015, alleges that the NLRB’s implementation of its  “Quickie Election” final rule (the Final Rule, discussed here previously) would violate the First Amendment, the Due Process…

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06 Jan 2015 NLRB Upholds Subpoena of Employer’s Employee Handbook

On the last day of 2014, a three-member panel of the National Labor Relations Board (the Board or NLRB) denied a Massachusetts-based waste-services provider’s request to revoke a document subpoena issued by the Regional Director of Region 1 of the NLRB. By the subpoena, Region 1 sought the “Employee Handbook” of the employer. In seeking to revoke the subpoena, the employer argued that Region 1 was investigating two charges, neither of which alleged “a violation…

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05 Jan 2015 NLRB WEEKLY SUMMARY OF DECISIONS, DECEMBER 22 – 26, 2014

The Summary of NLRB decisions for the week of December 22 – 26, 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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31 Dec 2014 NLRB WEEKLY SUMMARY OF DECISIONS, DECEMBER 15 – 19, 2014

The Summary of NLRB decisions for the week of December 15 – 19, 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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31 Dec 2014 Right to Work Battle Not Over in Indiana?

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

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

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.

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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