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24 Aug 2012 NLRB Weekly Summary of Decisions for August 13-17, 2012

Uncategorized | btlabor

The National Labor Relations Board’s (NLRB) weekly summary of decisions for August 6-10, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here or clicking on the link below.  NLRB Weekly Summary of Decisions for August 13-17, 2012. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues,…

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22 Aug 2012 Union Heads’ Compensation Outpacing that of Union Workers…and Corporate CEOs

Uncategorized | Steve Hernandez

In an article posted on its website on Aug. 16, 2012, the Washington Examiner provides some interesting data, garnered from the data unions are required to submit to the U.S. Department of Labor, regarding the compensation received by the leaders of some of America’s largest unions.  First, the average yearly compensation for the top 25 earning union leaders was approximately $570,000.00, a pay raise of about 88 percent on average from the year 2000. That rate of growth not only more…

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22 Aug 2012 Check Your Check-Off

Uncategorized | Gerald Lutkus

As Lee Corso on ESPN likes to say – not so fast, my friend.  Just because Indiana is now a Right to Work state doesn’t mean that employees can wilily nilly walk away from their dues deductions.  (Well, Corso didn’t say that second thing.) A recent Advice Memorandum issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) underscores that point.  In an August 14, 2012 Advice Memorandum, the Office…

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17 Aug 2012 Defendants File Motion to Dismiss in Indiana Right-to-Work Lawsuit

Uncategorized | btlabor

As we reported here, the International Union of Operating Engineers Local 150 recently filed a complaint in federal court challenging Indiana’s right-to-work law on constitutional and federal preemption grounds. The complaint alleges various claims under the U.S. and Indiana Constitutions. It also alleges that certain sections of the law are preempted by the National Labor Relations Act. The suit names Indiana Governor Mitch Daniels, Attorney General Greg Zoeller, and Labor Commissioner Lori Torres as individual defendants….

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16 Aug 2012 National Right to Work Foundation Files Amicus Brief Challenging President Obama’s NLRB Recess Appointments

Uncategorized | btlabor

The National Right to Work Foundation has filed an amicus brief challenging President Obama’s recent recess appointments to the NLRB. The president named three members, including former member Terence F. Flynn, to the board in January. The Foundation claims that because the Senate was in pro forma session, the president overstepped his ability to make federal appointments via his “recess appointment” power. The Foundation’s press release can be found here. A PDF of the Amicus Brief can be accessed here. btlaborBT Labor Relations is…

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15 Aug 2012 NLRB Weekly Summary of Decisions for August 6-10, 2012

Uncategorized | btlabor

The National Labor Relations Board’s (NLRB) weekly summary of decisions for August 6-10, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More Posts – Website

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10 Aug 2012 NLRB Weekly Summary of Decisions – July 30 – August 3, 2012

Uncategorized | btlabor

The National Labor Relations Board’s (NLRB) weekly summary of decisions for July 30 – August 3, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More…

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10 Aug 2012 Eighth Circuit Upholds NLRB Decision Finding Union to have Unlawfully Targeted Neutral Employer

Uncategorized | Scott Witlin

On August 7, 2012, the Eighth Circuit, in a decision written by the Honorable James Loken, denied the Laborers District Council of Minnesota and North Dakota (the “Union”)’s petition for review of a National Labor Relations Board (the “NLRB”) decision that found that they had violated Section 8(b)(4)(ii)(B) of the National Labor Relations Act (the “NLRA”) and granted the Board’s cross-petition to enforce its Decision and Order. That section of the NLRA prohibits unions from targeting (by “threaten[ing],…

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06 Aug 2012 NLRB Invites Briefing On Changes To Increase Tax Exposure For Employers Required To Make Back Pay Awards

Uncategorized | Scott Witlin

The NLRB has invited briefs from interested parties with respect to two tax issues related to back pay awards. The invitations were contained in a July 31, 2012 decision Latino Express, 358 NLRB No. 94 (2012). The two issues involve whether the Board should routinely require a respondent to submit documentation to the Social Security Administration so that back pay is allocated to the appropriate calendar quarters, and pay for any excess federal and state income…

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03 Aug 2012 Board Issues a Weingarten Reminder

Uncategorized | Gerald Lutkus

You remember Weingarten, right?  When an employee is brought in for an investigatory interview that could lead to disciplinary action, he or she has the right to Union representation upon the employee’s request.  On the other side of that coin, if the employer has already decided that discipline is required, there is no right to representation when the employee is called in to receive the discipline (unless, of course, your CBA says something else).  Well,…

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