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10 Jul 2014 NLRB WEEKLY SUMMARY OF DECISIONS, JUNE 23-27, 2014

  The Summary of NLRB decisions for the week of June 23-27, 2014, is now available on the NLRB’s website.     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 a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers,…

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03 Jul 2014 A Rare Win: NLRB Judge Upholds an Employer’s Social Media Policy

  In sharp contrast to the litany of recent cases where the NLRB has struck down employer social media policies, employers scored a rare win earlier this week in Landry’s Inc. et al., v. Sophia Flores, No. 32-CA-118213.  In Landry’s, an ALJ upheld the social media policy of the Houston-based hospitality operator (and parent company of Bubba Gump).  The judge rules that the policy (now expired) was drafted in a way which did not impinge…

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02 Jul 2014 Harris v. Quinn: Discussion on WRKO’s “The Financial Exchange”

  Barry Armstrong of WRKO Radio in Boston and I had the chance to discuss the Supreme Court’s ruling in Harris v. Quinn  during his July 1 program, “The Financial Exchange.” Listen to our discussion here.               Gerald LutkusGerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is a member of the firm’s Labor and Employment Law and Litigation…

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30 Jun 2014 Harris v. Quinn – A Precursor of Things Yet To Come?

There is a doctrine in Supreme Court case law called the Doctrine of Strict Necessity pursuant to which the Court will avoid deciding Constitutional questions in broader terms than necessary and will instead limit their decision to the specific facts presented by their cases.   Coming into Monday’s decision in Harris v. Quinn, unions were reportedly nervous that the Court might use Harris as a vehicle to overturn the Court’s 1977 decision in Abood v….

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30 Jun 2014 BREAKING NEWS: Supreme Court Overturns Illinois Forced Union Dues Statute

  In a 5-4 opinion just released by the Supreme Court, the Court in an opinion written by Justice Aliotto has determined that the 1st Amendment prohibits the State of Illinois from requiring Personal Assistants hired by Medicaid recipients under the Illinois Home Services Program (Rehabilitation Program) from being required to pay union dues to the SEIU.  Under the state statute, the SEIU entered into collective-bargaining agreements with the State that contained an agency-fee provision…

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30 Jun 2014 Breaking News: Supreme Court limits unionization for “partial public employees.”

    Supreme Court limits unionization for “partial public employees.”  More complete report to follow.       Scott WitlinScott J. Witlin is a partner in the Los Angeles office of Barnes & Thornburg and a member of the firm’s Labor and Employment Law Department and the Entertainment and Music Practice Group. Mr. Witlin handles traditional labor and employment matters, including arbitrations, collective bargaining negotiations, compliance with various guild and union agreements, and union organizing…

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26 Jun 2014 NLRB CHAIR RESPONDS TO NOEL CANNING DECISION

  In the wake of the Supreme Court’s decision in Noel Canning earlier today, NLRB Chair Mark Gaston Pearce issued the following statement:   “The Supreme Court has today decided the Noel Canning case. We are analyzing the impact that the Court’s decision has on Board cases in which the January 2012 recess appointees participated. Today, the National Labor Relations Board has a full contingent of five Senate-confirmed members who are prepared to fulfill our…

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26 Jun 2014 Noel Canning Affirmed; Unanimous Supreme Court Invalidates President Obama’s NLRB Recess Appointments

  A unanimous Supreme Court today struck down President Obama’s 2013 recess appointments that gave rise to a dispute of Constitutional proportions.  The unanimous Court ruled that the President does not have the authority to make appointments when the Senate is in a brief recess of a few days or even as many as 10 days such as the pro forma sessions the Senate has taken to holding in order to thwart Presidential recess appointments….

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26 Jun 2014 Breaking News: Noel Canning decision released by Supreme Court. D.C. Circuit Affirmed; President Obama Recess Appointments Invalidated! Our analysis coming shortly.

  The case considers the scope of the President’s recess appointment power. The questions presented to the Court are whether the President can use the recess appointment power during a recess that occurs during a session of Congress rather than between sessions to fill vacancies that arose prior to the recess as well as those that arise during one. The Court was also deciding if the Senate’s use of so-called pro forma sessions during a…

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25 Jun 2014 NLRB WEEKLY SUMMARY OF DECISIONS, JUNE 16-20, 2014

  The Summary of NLRB decisions for the week of June 16-20, 2014, is now available on the NLRB’s website.     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 a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers,…

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