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BT Labor Relations - Current News and Practical Analysis
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02 Mar 2018 Frozen: Union Appeals to Congress Over NLRB’s Planned “Hiring Freeze”

  Bloomberg BNA is reporting that the National Labor Relations Board Professional Association – the union who represents National Labor Relations Board (NLRB) employees – has sent letters to congressional members expressing concern over a planned “hiring freeze” at the agency.   According to the report: “The agency plans to implement the freeze, eliminate performance awards, and lay off health services and information technology contractors, the union said in letters to four Democrats on committees…

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01 Mar 2018 Wisconsin Supreme Court Rules Labor Commission can Decertify Public Unions

  Yesterday, the Wisconsin Supreme Court dealt a blow to public unions in the state when they held that the Wisconsin Employment Relations Commission has the authority to decertify bargaining units that ignore the Commission’s annual recertification election rules.   The litigation stems from Wisconsin’s Act 10, a controversial 2011 law championed by Governor Scott Walker, which curtailed collective bargaining rights for most public workers in the state while weakening public unions financially and making…

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28 Feb 2018 Picked Off? Baseball Players Union Files Grievance Against MLB Teams Regarding Revenue-Sharing

  According to recent reports by the New York Post and the Tampa Bay Times, the Major League Baseball Players Association – the union that represents major league baseball players – has just filed a grievance against four teams regarding revenue sharing. The collective bargaining agreement (CBA) between the players and owners governs the use of revenue-sharing.   The grievance specifically targets the Pittsburgh Pirates, Tampa Bay Rays, Oakland Athletics, and Miami Marlins, and it…

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27 Feb 2018 U.S. Supreme Court to Take Up Independent Contractor Arbitration Case

An important case is on the horizon for those involved in the transportation industry. Yesterday, the Supreme Court agreed to hear the appeal of New Prime, Inc., a transportation company that is asking the Court to overrule the First Circuit and find that an independent contractor’s class action claim should be compelled to arbitration.   Here is the scenario. A truck driver signed an independent contractor agreement as part of the company’s apprentice program –…

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26 Feb 2018 Oh no! It’s Back: NLRB’s Browning-Ferris Decision Reinstated

In a huge development, on Feb. 26, 2018, the National Labor Relations Board (NLRB) announced that it is reinstating its infamous 2015 Browning-Ferris decision regarding “joint-employers” under the National Labor Relations Act (NLRA). The NLRB made headlines at the end of last year when it overruled Browning-Ferris – a decision that made it significantly easier for two or more companies to be found “joint-employers.” The board did so in a case involving the company Hy-Brand…

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26 Feb 2018 Operating Engineers Union Sues Over Duty to Represent Non-Dues-Paying Employees

  Local 150 of the Operating Engineers Union has fired the first blast to deal with the expected result of the Supreme Court’s upcoming decision in the Janus v. AFSCME case.   In Janus, the Supreme Court will decide whether to overturn the fair share or agency fee requirements that exist in public sector unions.  Under those arrangements, employees are required to pay dues equivalent to their “fair share” of the union’s cost of representation. …

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23 Feb 2018 Revoking Dues Check-offs – You’ve Got to Follow the Card

  The Sixth Circuit Court of Appeals has delivered the latest reminder to those attempting to stop paying union dues – you have to follow the language on your dues check-off card and you have to follow it precisely.   In Ohlendorf et al. v. United Food & Commercial Workers International Union, Local 876, the plaintiffs had signed checkoff authorization forms, which like most dues check-off forms, declared that they could not be revoked by…

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23 Feb 2018 Charge Filed Against Union Regarding “Forced Dues Payments”

  The National Right to Work Foundation has just issued a press release announcing that it has filed a charge against a United Steelworkers (USW) local union in Wisconsin with the National Labor Relations Board (NLRB) related to “forced dues payments.” Wisconsin is a right-to-work state.   Right-to-work laws are permitted under Section 14(b) of the Taft-Hartley Act, and they make it unlawful for companies to require union dues as a condition of employment. In…

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21 Feb 2018 Do Over? NLRB May Have To Revisit Its Stance On Joint-Employers Due To Alleged Conflict

  On Dec. 14, 2017, the National Labor Relations Board (NLRB) made headlines and pacified many concerned members of the business community when it overruled its infamous 2015 Browning-Ferris decision – a decision that made it significantly easier for two or more companies to be found “joint-employers” under the National Labor Relations Act. The board did so in a case involving the company Hy-Brand Industrial Contractors Ltd. That victory for employers may be short lived,…

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20 Feb 2018 Scrutinized: Congressional Members Questioning Agenda of New NLRB GC

  In just over three months into his tenure as the National Labor Relations Board’s General Counsel, Peter Robb has made significant waves. First came a sweeping memo on Dec. 1, 2017, in which Robb identified cases of significance where his office may be seeking changes to NLRB precedent, such as cases involving “joint-employers” and employee use of employer email systems. Next came his announcement that he is considering “reorganizing the agency’s 26 regional offices…

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