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22 Jan 2014 Supreme Court Hears Oral Argument on the Constitutionality of Public Sector Unions

With all the focus on Noel Canning last week, it’s easy to overlook another labor case in front of the high court this term – Harris v. Quinn, No. 11-681, had oral argument in front of the Supreme Court yesterday and involves a constitutional challenge to agency shop rules for public employee unions. Under previous Supreme Court precedent, public employees who are represented by a union can be required to accept the exclusive representation of the…

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15 Jan 2014 Employee’s Complaint About Union Officials Watching Porn is Deemed “Human Imperfection” But Not Grounds for Retaliation

A union employee was suspended then terminated after being indicted – as part of an identity theft investigation by the prosecutor – which involved the public posting of names, salaries and Social Security numbers of the company’s managers during a previous strike. During her suspension, the employee claimed that she witnessed the union president and vice president looking at pornography during business hours, which she then reported to the union’s regional leaders. The employee also…

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14 Jan 2014 Supreme Court Hears <i>Noel Canning</i> Oral Argument

The Supreme Court wasted no time Monday getting to the “important stuff” on its first day of oral arguments in 2014. The Court heard argument in the Government’s appeal of the decision of the United States District Court of Appeals for the D.C. Circuit which held that the White House acted unconstitutionally when it appointed three members to the NLRB as “recess appointments” Most commentators among those present for the argument are saying that it…

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10 Jan 2014 NLRB Weekly Summary of Decisions for Dec. 16-20, 2013 and Dec. 23-27, 2013

The National Labor Relations Board (NLRB) has updated their website with a weekly summary of decisions for the week of December 16-20, 2013 and Dec. 23-27, 2013. The summary of NLRB decisions can be accessed by visiting the NLRB’s website or by clicking on the links that we’ve provided our readers with below. National Labor Relations Board: Summary of Decisions for December 16-20, 2013. National Labor Relations Board: Summary of Decisions for December 23-27, 2013….

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05 Jan 2014 NLRB Fails to File Appeal to the Supreme Court for Review of its “Poster Rule”

It looks like the NLRB’s proposed “Poster Rule” is officially dead. In 2011, the NLRB proposed issuing a rule known as the “Notification of Employee Rights under the National Labor Relations Act”, which commonly was referred to as the “Poster Rule.” The rule was issued pursuant to the Board’s seldom used rulemaking authority, and it would have obligated millions of companies around the country to display an 11-by-17-inch notice in a conspicuous location explaining the…

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02 Jan 2014 Federal Court of Appeals Holds that Disparate Discipline and Anti-Union Remarks Support First Amendment Claims of Police Officer and Union

Happy New Year! We’ll kick off the blog this year with a note on an interesting court decision regarding public sector unions. On New Year’s Eve, the Tenth Circuit, in Cillo v City of Greenwood Village, reversed summary judgment entered by a lower court and held that a reasonable jury could conclude a police officer’s union activity was a substantial motivating factor in the decision to fire him based on evidence that he was terminated…

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30 Dec 2013 Weekly Summary of NLRB Decision – December 9-13, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of December 9-13, 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 December 9-13, 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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30 Dec 2013 Federal Court Prohibits Union From Striking To Prevent Sale Of Business To Non-Union Employer

Last week a New York federal district court granted a preliminary injunction against the Teamsters union after it threatened to go on strike against Will Poultry, Inc. if the company proceeded to sell its business to a non-union purchaser who had no plans of assuming the parties’ collective bargaining agreement (CBA).The parties’ CBA did not have a “successor clause” or any other language obligating a purchaser to assume or otherwise recognize the Teamsters union upon a…

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20 Dec 2013 NLRB Issues 2013 PAR Report

  After what was by all accounts a controversial and historic year for the NLRB, the agency’s 2013 Performance and Accountability Report (PAR) highlights what the NLRB views as its accomplishments and successes. A copy of the 92-page report is available here.     The report notes the following as its “Statistical Highlights” for 2013:   The Board issued 342 decisions in contested cases in FY 2013, 277 ULP cases and 65 representation cases 94.3…

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17 Dec 2013 Weekly Summary of NLRB Decision – December 2-6, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of December 2-6, 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 December 2-6, 2013. Gerald LutkusGerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is…

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