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26 Mar 2014 NLRB Weekly Summary of Decisions

The National Labor Relations Board (NLRB) has updated its website with a weekly summary of decisions for the week of March 18-21, 2014. The summary can be accessed by visiting the NLRB’s website or by clicking here. John KoenigJohn T.L. Koenig is a partner in the Labor & Employment Department of Barnes & Thornburg LLP. He maintains a national, full-service practice representing management exclusively in all aspects of labor and employment law. More Posts -…

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26 Mar 2014 CRS Report Finds More Private Sector Workers Covered By Collective Bargaining Agreements Than Public Employees

A March 2014 report issued by Congressional Research Services (CRS) found that more private sector employees were covered by collective bargaining agreements (CBA) in 2013 than public sector employees – a reversal from a trend that started in 2009 in which unionized public sector workers started to outpace their private sector counterparts. According to the report, 8.1 million private sector workers were covered by CBAs in 2013 compared to 7.9 public sector employees (in 2009,…

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24 Mar 2014 NLRB Chairman signals willingness to reverse Register Guard decision

There has been much speculation that the NLRB’s decision in Register Guard, 351 NLRB 1110 (2007), which involves employee use of employer email for union purposes, may be in jeopardy under the Obama Board.  As we previously covered, employee use of an employer’s email system was highlighted by NLRB General Counsel Richard Griffin as an issue of “particular concern” to the NLRB.   The concerns about the viability of Register Guard obviously are well-founded, as…

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21 Mar 2014 NLRB Weekly Summary of Decisions – March 10-14, 2014

The National Labor Relations Board (NLRB) has updated their website with a weekly summary of decisions for the week of March 10-14, 2014. The summary can be accessed by visiting the NLRB’s website or by clicking on the links that we’ve provided our readers with below. http://www.nlrb.gov/cases-decisions/weekly-summaries-decisions/summary-nlrb-decisions-week-march-10-14-2014 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…

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21 Mar 2014 Football is a “Year-round Gig”: The Briefs are in on Unionizing College Athletes

The parties have now submitted briefing on the question of whether the College Athletes Players Association (“CAPA”) can organize a bargaining unit comprised of Northwestern University college football players and students.  Specifically the briefs, which can be accessed here and here, debate whether CAPA is an appropriate labor representative and whether the students are actually employees within the meaning of the National Labor Relations Act.   CAPA’s brief argues that the students “perform valuable services…

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20 Mar 2014 Law on Unionization of Home Care Workers Continues to Shift

A new report from the National Women’s Law Center (“NWLC”) issued March 18 confirms that the law continues to shift on the unionization of home care workers, including child care and health care providers.  The employment status of these workers, who are often considered self-employed but in some cases receive payment for their services through government programs like Medicare/Medicaid, raises questions about whether they can be considered public employees for the purposes of unionization.  The…

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12 Mar 2014 UNITE HERE Attacks Obamacare

UNITE HERE has issued a report this week attacking Obamacare for actually making wage inequality worse.   The union argues that the ACA “threatens the middle class with higher premiums, loss of hours, and a shift to part-time work and less comprehensive coverage.”   The report says that the ACA will “strangle fair competition” and for many America results in a $3 to $5 per hour wage loss or a change in their job to…

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12 Mar 2014 NLRB Weekly Summary of Decisions

The National Labor Relations Board (NLRB) has updated their website with a weekly summary of decisions for the weeks of: Feb. 18-21; Feb. 24-28; and March 4-7, 2014. The summaries of NLRB decisions can be accessed by visiting the NLRB’s website or by clicking on the links that we’ve provided our readers with below. National Labor Relations Board: Summary of Decisions for Feb. 18-21, 2014 National Labor Relations Board: Summary of Decisions for Feb. 24-28,…

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10 Mar 2014 New Michigan Right to Work Lawsuit Filed After MEA Threatens to Send Teacher to Collections for Failing to Pay Dues

Last October we reported that the Mackinac Center had filed unfair labor practice charges with the Michigan Employment Relations Commission (MERC) against the Michigan Education Association (MEA). The MEA is the union that represents teachers throughout the State of Michigan. Those prior unfair labor practice charges alleged that teachers who wished to leave the MEA under Michigan’s Right to Work law were bullied and intimidated by the MEA and that the MEA’s “August window period” for…

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10 Mar 2014 NLRB Continues to Go Against the Grain with Arbitration-Related Decisions

Despite repeated rejections of the National Labor Board’s (the “NLRB” or the “Board”) decision in D.R. Horton by federal courts across the country, another NLRB judge has upheld the controversial ruling that some arbitration agreements are unlawful under the National Labor Relations Act (the “NLRA”). In his March 5 ruling in Network Capital Funding Partners, Administrative Law Judge William Nelson Cates found that the employer’s attempt to enforce the arbitration agreement entered into between the…

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