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21 Nov 2013 Unions Win About Two out of Three Elections in 2013

The Bureau of National Affairs’ mid-year numbers are in and they continue to show that actually going to a NLRB-supervised election in the private sector tends to be a losing proposition for employers. BNA is reporting that although there were 66 fewer representation elections during the first half of 2013 compared to the first half of 2012, unions won 65.2 percent of the 643 private sector elections held during that period in 2013. That compares…

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14 Nov 2013 NLRB Judge Gives a “Like” to Facebook-Related Termination

In a slightly surprising decision, National Labor Relations Board (NLRB) Administrative Law Judge Jay R. Pollack recommended the dismissal of a complaint involving the termination of two former employees of the Richmond District Neighborhood Center, a non-profit organization in the San Francisco Bay Area that runs community programs including after-school and summer programs for youth. The decision is all the more surprising because Judge Pollack agreed with the General Counsel that the employees at issue…

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13 Nov 2013 Weekly Summary of NLRB Decisions – October 28-November 1, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of October 28-November 1, 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 October 28-November 1, 2013. Gerald LutkusGerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where…

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13 Nov 2013 Whither Thou Goeth D.R. Horton?

Even the administrative law judges for the NLRB can’t agree on the viability of the Board’s holding in D.R. Horton. As reported in this morning’s Employment Law 360, two ALJ decisions handed down last week went different directions on D.R. Horton. One Board ALJ decided that D.R. Horton was not viable in light of the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant. On the very same day, however, a different ALJ…

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08 Nov 2013 Weekly Summary of NLRB Decisions – October 21-25, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of October 21-25, 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 October 21-25, 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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08 Nov 2013 UAW Nominates Dennis Williams as Next President

The UAW’s administrative caucus has nominated current secretary-treasurer Dennis Williams to succeed Bob King as the next president of the auto maker’s union. The person nominated by the caucus has traditionally won election to the post. Reuters’ report on the nomination can be found here. The Detroit News points out that Williams “has never built a car” and will become the first President of the UAW that did not formerly work in an auto plant….

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06 Nov 2013 Noel Canning Argument Set for Jan. 13, 2014

The oral argument on the constitutionality of President Obama’s recess appointments to the NLRB will be heard by the U.S. Supreme Court on Jan. 13, 2014. The Court this week scheduled the argument date for the case for January. The Court will consider the January 25 decision of the Court of Appeals for the D.C. Circuit that declared the President’s recess appointments to the Board of Richard Griffin, Sharon Block and Terence Flynn to be…

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06 Nov 2013 Seventh Circuit Rules Salary Payments Violate the Labor Management Relations Act

In a significant ruling, the United States Court of Appeals for the Seventh Circuit recently held that Titan Tire Corporation is not obligated to pay the full-time salaries of the president and benefit representative for the union representing employees at the company’s Illinois facility. According to the Court, the individuals at issue earn their current salaries because of their service to the Union. As such, direct salary payments to the president and benefit representative amounts…

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01 Nov 2013 Unions Remain Hesitant to Embrace Obamacare

With all the talk about the Affordable Care Act this week, there have been surprisingly few mentions of Big Labor. In fact, as Politico reported earlier in the week, President Obama’s labor allies have been mostly silent publicly on the issue and have generally been unwilling to help the Administration with the rollout and enrollment efforts. As we reported a few months ago, many unions have been critical of the Affordable Care Act’s impact on…

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31 Oct 2013 Griffin Confirmed as new NLRB GC

Organized Labor officially has full control of the National Labor Relations Board (NLRB). The nomination of the former General Counsel of the International Union of Operating Engineers – Richard Griffin – was confirmed Tuesday by the Senate on a 55-44 vote. This marks the first time in three years that a General Counsel has been confirmed by the Senate and when Griffin is sworn in, it will be the first time in 10 years that there…

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