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25 Sep 2013 Hospital Ordered to Bargain Over Nurses’ Dress Code

Federal Laws and Legislation | Gerald Lutkus

An NLRB administrative law judge has held that a New Jersey hospital violated the National Labor Relations Act when it altered its dress code policy for nurses.  The hospital in March 2012 implemented a new dress code for nurses to create a sense of professionalism among nurses and to communicate to the public and patients the departments in which the nurses were performing work.  Most nurses were to be outfitted in navy blue scrubs and…

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19 Sep 2013 Weekly Summary of NLRB Decision – September 9-13, 2013

National Labor Relations Board | Keith Brodie

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of Sept. 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 Sept. 9-13, 2013. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively…

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13 Sep 2013 Union, Court Fight Against Right to Work in Michigan Continues

State Labor Laws, Unions and Union Membership | btlabor

As we reported last month, efforts by union groups to challenge Michigan’s Right to Work law as it applies to public employees suffered a defeat when the Michigan Court of Appeals ruled against them. This week, the union groups challenged that decision, filing a petition with the Michigan Supreme Court requesting that the Supreme Court review the decision. The unions’ position is that the Michigan Constitution gives the Michigan Civil Service Commission the exclusive authority…

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13 Sep 2013 Georgia’s U.S. Senators Sign on to “Union Bailout Prevention Act” On Potential Obamacare Carve-Out

Unions and Union Membership | John Koenig

Georgia’s two United States Senators have “co-sponsored the Union Bailout Prevention Act, which would prevent the Obama administration from granting unions’ request for special Obamacare premium tax subsidies for union members’ health care plans.” Republicans Johnny Isakson and Saxby Chambliss made the announcement in a joint press release. Isakson serves on the Senate Health, Education, Labor and Pensions Committee, which oversees health care and he also serves as the top Republican on the Employment and…

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12 Sep 2013 Decertification 101

Union Organizing | Gerald Lutkus

A recent decision of the 6th Circuit Court of Appeals does not break any new ground on the law of decertification, but it provides a great reminder of what employers cannot do when the issue of decertification arises. In All Seasons Climate Control, Inc. vs. NLRB, 196 LRRM 2774 (6th Cir. 2013), the Court of Appeals upheld the decision of an NLRB administrative law judge who found that the employer had encouraged and assisted an…

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12 Sep 2013 Weekly Summary of NLRB Decisions – September 3-6, 2013

National Labor Relations Board | Keith Brodie

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of Sept. 3-6, 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 Sept. 3-6, 2013. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively…

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10 Sep 2013 Indiana Judge Rules State’s Right To Work Law Unconstitutional

State Labor Laws | btlabor

A Lake County Indiana judge recently determined that Indiana’s right-to-work law violates a provision in the state constitution barring the delivery of services “without just compensation.” On Feb. 11, 2013, Plaintiffs – including the International Union of Operating Engineers, Local 150 AFL-CIO – filed a judicial complaint alleging, among other things, that Indiana’s Right to Work Law violates Article I, Section 21 of the Indiana Constitution. Article I, Section 21 provides: “No person’s particular services…

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06 Sep 2013 The Hits Keep Coming: D.C. Circuit Denies Rehearing for NLRB Notice Posting Case

National Labor Relations Board | btlabor

On Sept. 4, 2013, the D.C. Circuit summarily rejected a petition by the NLRB for rehearing in NAM v. NLRB, the case decided in May which struck down the NLRB’s controversial posting rule based on the fact that its enforcement measures violated the limits of the National Labor Relations Act (NLRA). Following the D.C. Circuit’s invalidation of the posting rule in May, the Fourth Circuit similarly found the rule invalid in June and on Aug. 13, 2013, similarly refused to rehear…

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04 Sep 2013 A Weekly Summary of NLRB Decisions for Aug. 26-30, 2013

National Labor Relations Board | Keith Brodie

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of Aug. 26-30, 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 Aug. 26-30, 2013. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively…

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04 Sep 2013 ALJ Calls Out NLRB for Lack of “Intellectual Integrity”

National Labor Relations Board | btlabor

The NLRB has been taking its hits lately from federal judges on everything from recess appointments to its proposed notice posting rule, but last week the punch came from within after an NLRB Administrative Law Judge issued a decision chiding the Board and NLRB General Counsel for their lack of “intellectual integrity.”  The case, decided by ALJ William G. Kocol, involved standards for deferral of NLRB charges to arbitration, but is notable for Judge Kocol’s rancor toward…

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