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19 Aug 2013 Sixth Circuit Upholds NLRB’s Specialty Healthcare “Micro-Union” Decision

  On Aug. 15, 2013, the Sixth Circuit upheld the NLRB’s controversial 2011 Specialty Healthcare decision which many have argued will promote “micro-unions” in the workplace and make it easier for unions to dictate the group of employees they wish to organize.   What does this mean for employers going forward? The new standard for evaluating whether it is necessary to expand a bargaining unit will be difficult for employers to surmount. Accordingly, unions will…

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16 Aug 2013 NLRB Is Working With A Full Slate

The National Labor Relations Board (NLRB) recently swore in four Senate-confirmed members.  This is the first time that the panel has been fully staffed with approved members in nearly a decade. The current NLRB members are: Nancy Schiffer, Kent Hirozawa, Harry Johnson, Philip Miscimarra, and Mark Gaston Pearce. This development follows the controversy associated with President Obama’s controversial recess appointments. The full story from the Washington Post can be found here. btlaborBT Labor Relations is managed…

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14 Aug 2013 A Weekly Summary of NLRB Decisions for Aug. 5-9, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of Aug. 5-9, 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. 5-9, 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 Aug 2013 Unions Explore New Organizing Tactics

The Associated Press offers an interesting article on union efforts to move beyond their largely unsuccessful, traditional organizing tactics. The story as reported by the Ft. Wayne Journal Gazette can be found here.  The article quotes AFL-CIO President Richard Trumka saying, “To be blunt, our basic system of workplace representation is failing to meet the needs of America’s workers by every critical measure.”  The story notes several union efforts to recruit new dues paying members, including…

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13 Aug 2013 4th Circuit Again Tells NLRB To Pound Sand Over Board’s Direction That Employers Hang Paper

On Aug. 12, 2013, in a one sentence Order, the 4th Circuit Court of Appeals rejected a request for rehearing by the NLRB in the case that invalidated the Board’s attempt to require employers to post a Notice advising employees of their rights under the National Labor Relations Act. More controversially, the Board’s rule would have also made failure to post the Notice a separate violation of federal labor law, evidence of anti-union animus and would…

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09 Aug 2013 Another Union Attempt to Circumvent Michigan’s Right to Work Law: Controversies in Michigan Continue

Following passage of Michigan’s Right to Work law last December, many unions rushed to secure contract extensions prior to the law’s March 2013 effective date to delay the law’s effect for their bargaining units. In some cases, 10 year extensions were approved.  Supporters of the law have decried these efforts to circumvent the law and at least one lawsuit has been filed. Now, the NLRB has gotten involved. A case pending before the NLRB in Detroit alleges that employees…

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08 Aug 2013 Right To Work Efforts: Has the Momentum Stalled?

As we previously reported, following the successful passage of Right to Work legislation in Indiana and then Michigan, there was interest in how much momentum the movement for similar legislation in the states has.  This was particularly true after Michigan, the home and traditional bastion of organized labor, became a right to work state. It appears, however, that such efforts have petered out. Recently, the Missouri legislature passed a version of right to work legislation dubbed “paycheck protection”…

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07 Aug 2013 A Weekly Summary of NLRB Decisions for July 29, 2013 – Aug. 2, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of July 29, 2013 – Aug. 2, 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 – July 29, 2013 – Aug. 2, 2013 Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand…

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05 Aug 2013 Can We Have Your Attention, Please? The 2013 ABA Journal Blawg 100 List

You’ll have to excuse us as we go a bit off script for a moment.  Once a year, the ABA Journal publishes a list of the 100 best legal blogs. This year, the call for nominations is due no later than Aug. 9, 2013. We aren’t one to brag, but think we’ve carved a nice little niche in the labor blog world and wouldn’t argue with the editors of the ABA Journal if BT Labor Relations made…

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05 Aug 2013 It’s Official: Top Union Lawyer To Be NLRB General Counsel

And you thought Lafe Solomon was anti-employer? Buckle your seat belts folks because the employer community is in for a rough ride. The White House has confirmed Board member Richard Griffin has been nominated to be the new General Counsel for the NLRB.  Before joining the Board as a “recess” appointee, Griffin served as General Counsel for the International Union of Operating Engineers. Griffin has served on the board of directors for the AFL-CIO Lawyers Coordinating Committee…

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