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01 Apr 2013 Court Overturns NLRB Decision in <i>Stella D’Oro Biscuit Co. v. NLRB</i>

The Second Circuit recently overturned a National Labor Relations Board (NLRB) decision determining that Stella D’Oro Biscuit Co., Inc. violated the National Labor Relations Act (NLRA) when it failed to provide workers with financial statements to support claims regarding its financial condition. Under the NLRA, an employer is required to provide evidence of its financial condition when it states to workers that labor concessions would cause undue financial hardship. In overturning the NLRB’s decision, the Court…

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25 Mar 2013 Sharp Decline in Indiana Union Membership

Indiana union membership is at its lowest level since the 1980’s. According to the Bureau of Labor Statistics, union members made up 9.1 percent of Indiana’s workforce in 2012, down from 22 percent in 1983. The full story from the Indiana Business Journal can be found by clicking on the link below. Indiana Business Journal – “Indiana Union Membership at Lowest Level in 24 Years” btlaborBT Labor Relations is managed by the labor law attorneys at…

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21 Mar 2013 Right to Work Making an Impact?

Early statistics indicate that Indiana’s passage of Right to Work legislation is already showing benefits to the state, according to the Indiana Economic Development Corporation (IEDC). The IDEC has reported that 91 companies have told the agency that Right to Work has been a factor in their decision-making process on the location of new projects. Out of that group, the IEDC says that 64 are well along in the development process and are projected to…

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14 Mar 2013 House Introduces Bill

The Preventing Greater Uncertainty in Labor-Management Relations Act, H.R. 1120 was introduced to the House of Representatives on Wed., March 13, 2013 in response to the flux caused by the NLRB recess appointments and the D.C. Circuit’s decision in Noel Canning (previously covered here). Citing policy reasons, the bill seeks to ban the NLRB from taking action which requires quorom until the controversy is resolved via: (1) Senate confirmation of the appointees; (2) Supreme Court decision; or (3)…

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14 Mar 2013 NLRB Bypasses DC Circuit Rehearing and Intends to Proceed to Supreme Court

The National Labor Relations Board has announced that it will forgo an en banc rehearing of the D.C. Circuit Court of Appeals’ decision in Noel Canning v. NLRB which held that President Obama’s recess appointments of Terence Flynn, Richard Griffin and Sharon Block were unconstitutional.  Instead, the NLRB will file a petition for certiorari with the U.S. Supreme Court which is due on April 25, 2013.  Obviously there will be more to come on this story. For…

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12 Mar 2013 NLRB Lightens Grip on At-Will Language

Two recent advice memoranda from the NLRB’s Division of Advice suggest that the NLRB may be loosening its grip on “at-will” language and acknowledgments in employer handbooks.  After sending the employer community into a bit of a tizzy during mid-2012 with rulings that common at-will language violated the NLRA, these recent memoranda seem to take a less doctrinaire approach. In two memoranda released by Associate General Counsel Barry J. Kearney, Kearney advised Regions 21 and…

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01 Mar 2013 Cease and Desist?

The United States Court of Appeals for the District of Columbia recently ordered the National Labor Relations Board (NLRB) to respond to a petition by the National Right to Work Legal Defense Foundation asking that the Board suspend further action in a pending case. The request was made in light of the D.C. Circuit’s earlier ruling that two of the three current NLRB members were appointed unconstitutionally. The Washington Examiner’s article can be found by clicking on the link below. The Washington Examiner…

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28 Feb 2013 AFL-CIO Demands Fully Staffed NLRB

The AFL-CIO Executive Council, which covers nearly 60 affiliated unions, issued a policy statement Feb. 26, 2013 demanding President Obama and the Senate act immediately to bring the NLRB to full strength.  As we have reported here, in its recent Noel Canning decision, the D.C. Circuit invalidated the President’s January 2012 recess appointments to the NLRB. The Council called the decision “radical,” “unprecedented” and “sweeping in its potential reach.” The policy statement also says, “This is an…

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22 Feb 2013 Noel Canning Delays Review of “Ambush” Election Rules

Citing Noel Canning, the D.C. Circuit issued an order this week holding in abeyance an NLRB appeal regarding its “ambush” election rules.  The D.C. federal district court found last year that the ambush election rules were invalid because Board member Brian Hayes did not participate in the decision.  The NLRB appealed to the D.C. Circuit and oral argument had been scheduled for April.  The employer’s representatives now have argued that even if Hayes had participated…

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21 Feb 2013 NLRB General Counsel Issues Guidance on Calculating Backpay under <i>Latino Express</i>

A new memorandum from NLRB Acting General Counsel Lafe Solomon released this week provides additional guidance for calculating backpay awards under the new standard set by the Board in Latino Express, Inc., 359 NLRB No. 44 (2012), decided in December 2012.  Latino Express changed the way backpay awards are calculated, with the Board finding that in most cases where backpay is awarded as a remedy, losing employers not only have to pay the backpay and…

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