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02 Nov 2012 NLRB Weekly Summary of Decisions for October 22-26, 2012

The National Labor Relations Board’s (the “NLRB”) weekly summary of decisions for October 15-19, 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’s Weekly Summary of Decisions for October 22-26, 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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01 Nov 2012 NLRB Steps Away from the At-Will “Ledge”

Employers have been out on the ledge over recent NLRB actions on at-will disclaimers, but a guidance issued this week by Acting GC Lafe Solomon may have thrown a little water on the raging fire over whether these routine at-will disclaimers violate the National Labor Relations Act.  On Oct. 31, 2012, Solomon released a guidance based on two advisory opinions, Rocha Transportation and Mimi’s Café, both of which found at-will employee handbook language to be…

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31 Oct 2012 In the Spirit of DR Horton, ALJ Extends Protections to Job Applicants

Building upon the previous prohibition in DR Horton (company arbitration agreement barring workers from bringing class actions was unlawful), an ALJ has now extended similar protections to job applicants.  In Convergys Corp., the ALJ found that the company violated the Act by forcing job applicants to waive their right to bring class and collective actions.  In the decision, the ALJ acknowledged the factual distinctions between this case and DR Horton, however applied the same “cannot waive” principle set forth…

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29 Oct 2012 NLRB Weekly Summary of Decisions for October 15-19, 2012

The National Labor Relations Board’s (the “NLRB”) weekly summary of decisions for October 15-19, 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’s Weekly Summary of Decisions for October 15-19, 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 Oct 2012 The USW Right to Work Case Clears First Hurdle

The case brought by the United States Steelworkers attempting to overturn Indiana’s Right to Work Act cleared its first hurdle last week. Counsel for the State of Indiana had filed a motion to dismiss the USW case on the grounds that it failed to state a claim and on the grounds that it improperly included Governor Mitch Daniels as a defendant. Well, the State won on one ground – Daniels was dismissed as a defendant,…

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19 Oct 2012 NLRB Weekly Summary of Decisions for October 8-12, 2012

The National Labor Relations Board’s (the “NLRB”) weekly summary of decisions for October 8-12, 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’s Weekly Summary of Decisions for October 8-12, 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…

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19 Oct 2012 D.R. Horton Files Reply Brief in Appeal of NLRB Decision

As we’ve previously blogged about here, the National Labor Relation Board’s (the NLRB) decision in D.R. Horton (the D.R. Horton decision) has been appealed to the 5th Circuit court of Appeals by D.R. Horton.  On Oct.12, 2012, D.R. Horton filed its Reply Brief, arguing that the NLRB: (1) ignores the mounting case law rejecting the NLRB’s D.R. Horton decision; (2) is not authorized to dictate the procedures courts and arbitrators must use to adjudicate employees’…

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11 Oct 2012 The NLRB’s Second Bite Of The Apple

“The Walk Out”  Federal Security provides armed security guards to public housing sites in Chicago. The Company fired 19 of its security guards after they staged a “walk out.” The guards subsequently filed an unfair labor practice charge alleging their walk out was “protected concerted activity” under the National Labor Relations Act (NLRA)  (i.e., the right for employees to act together to try to improve their pay and working conditions or fix job-related problems). Although the NLRB sided with the…

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05 Oct 2012 NLRB Weekly Summary of Decisions for September 24-28, 2012

The National Labor Relations Board’s (the “NLRB”) weekly summary of decisions for September 24-28, 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 September 24-28, 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…

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05 Oct 2012 Republican members of Congress file amicus briefs to challenge NLRB recess appointments

The debate over President Obama’s recess appointments to the NLRB continued last week as Speaker of the House John Boehner and 42 of the Republican members of the Senate filed amicus briefs in the case of Noel Canning v. NLRB, No. 12-1115, currently pending before the D.C. Circuit Court of Appeals.  Boehner and the Republican Senate members argued that President Obama’s recess appointments were not valid because the Senate was in a “pro forma” session…

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