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30 Dec 2013 Weekly Summary of NLRB Decision – December 9-13, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of December 9-13, 2013. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here, or by clicking on the link below. National Labor Relations Board: Summary of Decisions for December 9-13, 2013. John KoenigJohn T.L. Koenig is a partner in the Labor & Employment Department of Barnes & Thornburg LLP. He maintains a…

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30 Dec 2013 Federal Court Prohibits Union From Striking To Prevent Sale Of Business To Non-Union Employer

Last week a New York federal district court granted a preliminary injunction against the Teamsters union after it threatened to go on strike against Will Poultry, Inc. if the company proceeded to sell its business to a non-union purchaser who had no plans of assuming the parties’ collective bargaining agreement (CBA).The parties’ CBA did not have a “successor clause” or any other language obligating a purchaser to assume or otherwise recognize the Teamsters union upon a…

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20 Dec 2013 NLRB Issues 2013 PAR Report

  After what was by all accounts a controversial and historic year for the NLRB, the agency’s 2013 Performance and Accountability Report (PAR) highlights what the NLRB views as its accomplishments and successes. A copy of the 92-page report is available here.     The report notes the following as its “Statistical Highlights” for 2013:   The Board issued 342 decisions in contested cases in FY 2013, 277 ULP cases and 65 representation cases 94.3…

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17 Dec 2013 Weekly Summary of NLRB Decision – December 2-6, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of December 2-6, 2013. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here, or by clicking on the link below. National Labor Relations Board: Summary of Decisions for December 2-6, 2013. Gerald LutkusGerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is…

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16 Dec 2013 No Gossiping Rule Violates NLRA

I’m almost afraid to tell you about this decision because I don’t want to gossip, but, we now know, based upon an NLRB ALJ’s decision last week, a broad no gossip policy violates the National Labor Relations Act. Laurus Technical College has a policy that prohibits employees from participating in or instigating “gossip about the company, an employee, or customer.” The policy defines gossip as “an activity that can drain, corrupt, distract and down-shift the…

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11 Dec 2013 NLRB Throws in Towel on Quickie Election Rule Appeal

In a surprising development, the NLRB has dropped its appeal of the D.C. Circuit’s decision invalidating its “Quickie Election Rules.” By those rules, which we’ve blogged about previously, the Board sought to, among other things, shorten the already-brief period of time between the filing of an election petition and the holding of an election. The Board adopted the rules in late 2011 and intended on instituting them in April 2012, but the D.C. Circuit ruled…

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11 Dec 2013 Supreme Court Takes a Pass on <i>Unite HERE v. Mulhall</i>

The Supreme Court dismissed the appeal of Unite Here v. Mulhall, a case it had agreed to hear and, in fact, had held oral argument in just last month. The dismissal leaves in effect an 11th Circuit ruling that held that a so called “neutrality agreement” between a Unite Here local and a Florida racetrack could have violated federal labor law. The dismissal in effect reversed the granting of certiorari and have limited precedential effect….

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09 Dec 2013 Weekly Summary of NLRB Decision – November 25-29, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of November 25-29, 2013. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here, or by clicking on the link below. National Labor Relations Board: Summary of Decisions for November 25-29, 2013. John KoenigJohn T.L. Koenig is a partner in the Labor & Employment Department of Barnes & Thornburg LLP. He maintains a…

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04 Dec 2013 Weekly Summary of NLRB Decision – November 18-22, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of November 18-22, 2013. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here, or by clicking on the link below. National Labor Relations Board: Summary of Decisions for November 18-22, 2013. John KoenigJohn T.L. Koenig is a partner in the Labor & Employment Department of Barnes & Thornburg LLP. He maintains a…

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03 Dec 2013 Fifth Circuit Issues Landmark DR Horton Decision

In a landmark decision, the United States Court of Appeals for the Fifth Circuit today held that an employer did not violate the National Labor Relations Act (NLRA) by requiring that its employees sign an arbitration agreement prohibiting them from “filing joint, class, or collective claims addressing their wages, hours, or other working conditions … in any forum, arbitral or judicial.” The National Labor Relations Board (NLRB) previously held that the provision violated Section 7 of…

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