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BT Labor Relations - Current News and Practical Analysis
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16 Mar 2018 Another Redo At The NLRB Because Of Conflicts of Interest?

Last month the National Labor Relations Board (NLRB) made headlines when it vacated a decision from December 2017– the Hy-Brand case – that overruled its infamous Browning-Ferris decision regarding joint-employment under the National Labor Relations Act (NLRA). That action reinstated the more lax standard under Browning-Ferris for finding joint-employment. The board ruled that current Member Emanuel should not have participated in Hy-Brand in light of the fact that his former law firm was involved in…

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14 Mar 2018 NLRB Extends Deadline for Public Feedback on Potential Changes to Its ‘Ambush Election Rule’ – Again

On March 14, the National Labor Relations Board (NLRB) announced that it is extending the deadline for public feedback on potential changes to its “ambush election rule” to April 18. This follows an announcement by the agency on Jan. 26 that it was extending the comment period to March 19 from the original deadline of Feb. 12.   The NLRB announced on Dec. 12 that it was seeking input from the public regarding the NLRB’s…

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13 Mar 2018 Full Disclosure: Hospital Forced To Give Union Confidential Business Information

  The dreaded information request. Unionized companies generally have a duty to provide unions with “relevant” information upon request under the National Labor Relations Act (NLRA), and the National Labor Relations Board (NLRB) – at least under the prior administration – has taken an expansive view of the types of information a company must provide to a union. A new case demonstrates that this is still an area where employers can get tripped up –…

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07 Mar 2018 Does Labor Law Protect Employees Engaged In Harassment?

  Employers across the U.S. have been moving swiftly to prevent and eradicate harassment in the workplace since the advent of the #metoo movement last year. While in many instances terminating employees engaged in “harassing” behavior can be an easy decision, the National Labor Relations Board (NLRB) has, in the past, forced employers to reinstate employees discharged for misconduct that potentially constituted unlawful harassment under federal employment laws, such as Title VII of the Civil…

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06 Mar 2018 Justified: Labor Board Upholds Discharge Of Employee Who Misused Company Security Passcode

  Employee discharge decisions often form the basis for disputes – whether they arise in court or before administrative agencies. Such decisions routinely are challenged by unions before the National Labor Relations Board (NLRB), and the agency has overturned terminations and reinstated workers in situations even where egregious misconduct was at issue. A recent case shows, however, there are limits on an employee’s ability to engage in misconduct even when activity potentially protected by the…

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05 Mar 2018 Social Media Policies Continue To Give Rise To Litigation Before The Labor Board

  The Washington Post will have to defend allegations regarding its social media policy. Bloomberg BNA is reporting that Region 5 (Baltimore) of the National Labor Relations Board (NLRB) has issued a complaint against the media company regarding its implementation of a social media policy.   According to Bloomberg BNA, “The newspaper updated its social media policy in May 2017 to prohibit conduct that ‘adversely affects The Post’s customers, advertisers, subscribers, vendors, suppliers or partners.’ ……

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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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