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02 May 2014 Can Your Employees Use Your Company’s E-Mail System To Solicit Support For A Union? The NLRB Is Going To Weigh In…

  On April 30, 2014, the NLRB signaled it may overturn a 2007 Bush-Board decision, Register Guard, that generally allows employers to prohibit employees from using work e-mail systems for non-business purposes, including union organizing purposes. In a pending case in California involving allegations against employer Purple Communications, Inc., an Administrative Law Judge noted the NLRB’s decision in Register Guard and ruled Purple Communications did not violate the NLRA by having a policy that prohibited…

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01 May 2014 REVERBERATIONS FOR SEIU CONTINUE REGARDING MICHIGAN DECISION TO STOP FORCED UNIONIZATION OF HOME HEALTH CARE WORKERS

  As we earlier reported, in 2012, Michigan’s Governor Snyder reversed his predecessor Jennifer Granholm’s stance that home health care workers were to be deemed public employees and thus members of SEIU Healthcare Michigan by signing legislation excluding them from the definition of public employees under state law.  The position of Governor Granholm’s administration on this issue was highly criticized with many suggesting it smacked of political re-payment.   Now the numbers are in and…

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30 Apr 2014 NLRB To Include Hyperlinks In Notice Postings

  Last week the NLRB granted a request by a Teamsters local union to modify the Board’s standard notice language in a case where the employer was found to have violated the NLRA. Specifically, the NLRB agreed to inform employees that a copy of the full decision and order is available on the Board’s website and to provide a direct “hyperlink” to the decision. The standard language previously did not inform employees where they could…

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29 Apr 2014 NLRB Continues To Impose Expansive Penalties On Employers

Continuing its trend of issuing “non-traditional” Board remedies against employers who have been found to have violated the NLRA, the Board recently ordered an employer to reimburse a union for six months’ worth of “negotiating expenses”, which included salaries, travel expenses and per diems. The case involved a “first contract” so the NLRB further extended the certification year (which precludes the fling of any decertification petition by employees) by 12 months.   At issue in…

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24 Apr 2014 For Their Eyes Only: Northwestern to Limit Media Access at Union Polling Location

  Northwestern University has confirmed that no media will be allowed in the vicinity of the polling place on Friday but will be allowed to gather nearby in the event any of the players choose to be interviewed.  The polls will be open from 6 to 7:30 a.m. and again from 10 a.m. until noon Friday.   The University said it will have no comment until the vote has concluded which is consistent with the…

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24 Apr 2014 NLRB Weekly Summary of Decisions, April 14 -18, 2014

  The Summary of NLRB decisions for the week of April 14 – 18, 2014 is now available on the NLRB’s website.     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 – Website

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23 Apr 2014 Northwestern Election Kicks Off This Friday

    Northwestern’s scholarship football players are set for an historic vote this Friday on whether they wish to join a union and be represented by the College Athletes Players Association as their sole and exclusive bargaining representative.   Peter Sung Ohr, regional director of the National Labor Relations Board in Chicago, earlier this year, made the initial determination that the players who receive scholarship aid from the University are actually employees within the meaning…

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18 Apr 2014 Seventh Circuit Upholds Controversial Wisconsin Collective Bargaining Law (Again)

    In January 2013, we reported on the Seventh Circuit’s decision in Wisconsin Education Association et al. v. Scott Walker et al., in which the Court dismissed the constitutional claims of the union plaintiffs and upheld Wisconsin’s controversial Act 10.  Act 10 was passed in 2011 and limited collective bargaining rights for most of the state’s public employees.  Today, the Seventh Circuit decided a related case, Laborers Local 236, AFL-CIO, et al. v. Scott Walker et…

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17 Apr 2014 NLRB DR Horton Rehearing Denied

  The National Labor Relations Board (NLRB) is likely weighing an appeal to the U.S. Supreme Court after the Fifth Circuit Court of Appeals denied the NLRB’s request for an en banc rehearing in DR Horton Inc.   The Decision The Fifth Circuit’s original ruling struck down the National Labor Relations Board’s finding that Section 7 of the National Labor Relations Act prevents employers as a condition of employment from putting in place arbitration agreements that…

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16 Apr 2014 NLRB Requires Employer to Pay Union’s Negotiation Expenses in Refusal to Bargain Case

  Earlier this week, the National Labor Relations Board (NLRB) ordered a hospital employer to pay the negotiating costs of the union representing its employees as a remedy for the hospital’s unlawful refusal to bargain with the union. In Fallbrook Hospital Corporation dba Fallbrook Hospital and California Nurses Association/National Nurses Organizing Committee (CNA/NNOC), AFL-CIO, the NLRB upheld the decision made by the Administrative Law Judge (ALJ) that the hospital had unlawfully refused to bargain with…

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