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03 Dec 2013 UAW Considering 25 percent Dues Increase

Unions and Union Membership | John Koenig

Bernie Woodall of Reuters reports that the UAW is considering hiking member dues 25 percent as the union continues to struggle with a 30 percent decline in membership since 2005. The union’s total finances also fell for the sixth straight year according to the story. The increase would mean dues for the average member would rise from two hours of pay per month to 2.5 hours. A senior UAW official confirmed the increase is being…

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27 Nov 2013 Republicans Introduce “Employee Rights Act” Targeting NLRA

National Labor Relations Board | btlabor

Republicans in Congress continue to introduce legislation aimed at reforming what they see as pro-union provisions in federal labor law. The latest bill is the “Employee Rights Act” introduced on Nov. 14 in the Senate by Senator Orrin Hatch and in the House by Representative Tom Price. The bill would amend the NLRA and LMRA to: 1. require secret ballot elections both for initial union representation and to authorize a strike, 2. require a majority of all employees…

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22 Nov 2013 11th Circuit Jumps Into the Fray and Upholds the NLRB Recess Appointments

National Labor Relations Board | Adam Bartrom

The 11th Circuit is now in the mix on the issue of NLRB recess appointments which were brought to the forefront of the labor world by the Noel Canning decision. However, unlike the D.C. Circuit, 3rd Circuit and 4th Circuit, the 11th Circuit Court of Appeals has broken ranks and upheld the NLRB’s recess appointments. Relying upon its previous 2004 ruling on recess appointment issues – Evans v. Stephens – the 11th Circuit held that the Constitution’s recess…

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22 Nov 2013 Weekly Summary of NLRB Decision – November 12-15 2013

National Labor Relations Board | Gerald Lutkus

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of November 12-15, 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 November 12-15, 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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21 Nov 2013 Unions Win About Two out of Three Elections in 2013

Unions and Union Membership | Gerald Lutkus

The Bureau of National Affairs’ mid-year numbers are in and they continue to show that actually going to a NLRB-supervised election in the private sector tends to be a losing proposition for employers. BNA is reporting that although there were 66 fewer representation elections during the first half of 2013 compared to the first half of 2012, unions won 65.2 percent of the 643 private sector elections held during that period in 2013. That compares…

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14 Nov 2013 NLRB Judge Gives a “Like” to Facebook-Related Termination

National Labor Relations Board | btlabor

In a slightly surprising decision, National Labor Relations Board (NLRB) Administrative Law Judge Jay R. Pollack recommended the dismissal of a complaint involving the termination of two former employees of the Richmond District Neighborhood Center, a non-profit organization in the San Francisco Bay Area that runs community programs including after-school and summer programs for youth. The decision is all the more surprising because Judge Pollack agreed with the General Counsel that the employees at issue…

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13 Nov 2013 Weekly Summary of NLRB Decisions – October 28-November 1, 2013

National Labor Relations Board | Gerald Lutkus

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of October 28-November 1, 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 October 28-November 1, 2013. Gerald LutkusGerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where…

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13 Nov 2013 Whither Thou Goeth D.R. Horton?

Uncategorized | Gerald Lutkus

Even the administrative law judges for the NLRB can’t agree on the viability of the Board’s holding in D.R. Horton. As reported in this morning’s Employment Law 360, two ALJ decisions handed down last week went different directions on D.R. Horton. One Board ALJ decided that D.R. Horton was not viable in light of the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant. On the very same day, however, a different ALJ…

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08 Nov 2013 Weekly Summary of NLRB Decisions – October 21-25, 2013

National Labor Relations Board | John Koenig

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of October 21-25, 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 October 21-25, 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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08 Nov 2013 UAW Nominates Dennis Williams as Next President

Unions and Union Membership | John Koenig

The UAW’s administrative caucus has nominated current secretary-treasurer Dennis Williams to succeed Bob King as the next president of the auto maker’s union. The person nominated by the caucus has traditionally won election to the post. Reuters’ report on the nomination can be found here. The Detroit News points out that Williams “has never built a car” and will become the first President of the UAW that did not formerly work in an auto plant….

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