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01 Sep 2017 Elon Musk’s Tesla Targeted By UAW And NLRB

  On the heels of a major election loss at Nissan in Canton, Mississippi, the United Auto Workers (UAW) union has shifted focus to another car manufacturer in which it has no current foothold: Tesla. The UAW has been attempting to unionize workers at Tesla’s since the beginning of this year, but it has been unsuccessful in garnering enough interest to petition a vote.   So what do you do if you are the UAW…

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30 Aug 2017 Federal Court Puts Up Roadblock in Seattle’s Quest to Grant Uber and Lyft Drivers Union Organizing Rights

  A Seattle ordinance that grants drivers for Uber, Lyft and other similar ride-hailing companies the right to form unions remains on hold after an Aug. 29 federal court ruling. Back in 2015, Seattle passed a law allowing the drivers to organize and bargain over pay, benefits, and more. Because Uber and Lyft classify drivers as independent contractors, their drivers are not permitted to unionize under the National Labor Relations Act due to the fact…

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25 Aug 2017 Businesses Say ‘Yes’ to Robb as Labor Board’s Top Lawyer

  Peter Robb, a Vermont management-side labor lawyer, is expected to be named general counsel for the National Labor Relations Board (NLRB), pending a background check as reported in various industry publications. Robb would replace outgoing NLRB General Counsel Richard Griffin whose term expires Oct. 31.   Robb currently represents businesses in labor disputes at Downs Rachlin Martin PLLC and, with the board slated to have a GOP majority for the first time in a…

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24 Aug 2017 Union Corruption Double Take: The UAW, FCA, Shoes, Shotguns and a Deepening Federal Probe

  As we reported on Aug. 11, the Department of Justice (DOJ) is investigating United Auto Workers (UAW) officials and a former Fiat Chrysler official in a massive $4.5 million corruption probe. On Aug. 18, the stakes were raised for the UAW.   The DOJ officially charged former UAW official Virdell King on Aug. 18 with violations of the Labor Management Relations Act (LMRA). King was a senior UAW official responsible for administering national collective…

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23 Aug 2017 There’s a Hole in Your Bucket: 114 Multiemployer Pension Funds on Track to Fail

  Some 114 multiemployer pension funds are on track to fail within the next 20 years, according to a report published this week by Cheiron, Inc., an actuarial consulting firm. Cheiron’s report indicates that these 114 pension plans covering nearly 1.3 million workers are underfunded by $36.4 billion and lack sufficient assets to pay retirees and current employees the full benefits under their pension plans.   Multiemployer pension plans, also called Taft-Hartley Funds, are used…

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22 Aug 2017 NBA Team’s Electronic Display Operators are Employees, Not Independent Contractors, Says NLRB

  On Aug. 18, the National Labor Relations Board (NLRB) determined that a group of electronic display operators for the NBA’s Minnesota Timberwolves were employees, not independent contractors. The case came about after the electronic display crew filed a petition to have a union, the International Alliance of Theatrical Stage Employees, represent them. The Timberwolves argued that the representation petition should be dismissed on grounds the workers were independent contractors, as the National Labor Relations…

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16 Aug 2017 Fractured Workforce: Federal Court Approves Micro-Unit Certified by NLRB

  Unfortunately, it appears the National Labor Relations Board’s (NLRB) recent trend of certifying micro-units is here to stay until a pro-management majority at the agency is confirmed, which may not happen as soon as we once thought. On Aug. 11, the U.S. Court of Appeals for the D.C. Circuit affirmed an NLRB decision against Rhino Northwest LLC that found a small, discrete segment of that company’s workers could be properly certified as a bargaining unit….

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15 Aug 2017 A Nice Change of Pace: NLRB Upholds Employer’s Confidential Information Policy

  From social media policies to positive workplace environment statements to non-employee access to company property procedures, the National Labor Relations Board (NLRB) has struck down numerous company personnel policies in recent years on grounds they “chill” employees’ ability to engage in protected activity under the National Labor Relations Act (NLRA). The board generally cites Section 7 of the NLRA as support for its positions, which protects employees engaging in “concerted activity” for “mutual aid…

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11 Aug 2017 Union Corruption: UAW and Auto Manufacturer Officials Allegedly Embezzled Millions in Union-Member Funds

  Union corruption probes, unfortunately, continue to make headlines. One of the latest centers on a United Auto Workers (UAW) National Training Center in Michigan. There, a former executive has pled guilty to siphoning more than $4.5 million in funds that were to be used to train UAW members.   The man, who was controller, helped to “steer funds, plane tickets, mortgage payments and other goods valued at more than $4.5 million to UAW Vice…

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09 Aug 2017 Short-Lived Victory for Employers? NLRB Chairman Reportedly Stepping Down in December

  BNA Bloomberg and Law360 are reporting that National Labor Relations Board (NLRB) Chairman Philip Miscimarra is stepping down when his current five-year term expires in December rather than seeking reappointment. Miscimarra reportedly is leaving the agency for personal reasons.   Having been the lone pro-management voice on the NLRB for an extended period and consistently being out-voted by his pro-union counterparts, Chairman Miscimarra’s dissents have been colorful and may provide a glimpse as to…

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