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20 Dec 2012 Board Overturns a 50-Year Old Precedent

National Labor Relations Board | Gerald Lutkus

The NLRB’s relentless march towards reshaping U.S. labor law continued this month when the Board overruled its own 50-year old policy on whether dues may be withdrawn from employee checks after the expiration of a collective bargaining agreement.   The Board, on Dec. 12, 2012, overruled its Bethlehem Steel decision from 1962 in which it had previously held that once a collective-bargaining agreement had expired, if that agreement contained a dues check-off clause, the employer…

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18 Dec 2012 But Wait! There’s More: The 11th Right to Work Misconception

Uncategorized | Gerald Lutkus

We’ll take the liberty of adding an 11th item to Scott Witlin’s excellent list of the top-10 most common right to work misconceptions. 11.  Right to work laws do not necessarily allow employees to immediately stop paying dues. The devil’s in the details. In numerous Indiana union shops, workers asked to be freed from their dues-paying obligations after Right to Work was enacted. Michigan employers may be experiencing this already as well. Some Indiana employers stopped deducting their union dues. But…

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14 Dec 2012 Top-10 Misconceptions About Right to Work Laws

Uncategorized | Scott Witlin

2012 saw two states adopt new right to work laws: Indiana and Michigan. As a result, the concept of right to work has been prominent in the news for the first time in decades. From the recent protests in Michigan, as well as those earlier in the year, it would seem that many protesting do not understand what a right to work law does and does not do. The label “right to work” has become…

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11 Dec 2012 Right to Work Passes, Signed by Michigan Governor

Uncategorized | btlabor

As expected, the Michigan House voted today to enact the pending Right to Work bills. Michigan Governor Rick Snyder signed the bills this evening, making Michigan the 24th Right to Work state in the nation. The changes to the law become effective 90 days following the end of the 2012 legislative session, making the effective date likely to be on or about April 1, 2013. The full text of the final bills is available on the Legislature’s…

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07 Dec 2012 Right to Work Bills Pass Michigan House and Senate

Uncategorized | btlabor

On Dec. 6, 2012, the Michigan House and Senate passed bills that, if signed by Governor Rick Snyder, will give private and public sector employees the right to not pay union dues to a union representing an employer’s employees as a condition of employment. The legislation addressing public sector employees includes all public employees except for police officers and firefighters. If this legislation becomes law, Michigan will become the 24th Right to Work state in the United States. Because applicable procedural rules require that…

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07 Dec 2012 NLRB Hears Oral Argument in <i>Noel Canning v. NLRB</i>

Uncategorized | btlabor

On Dec. 5, 2012, oral argument in Noel Canning v. NLRB was held before a three judge panel of the United States Court of Appeals for the D.C. Circuit. Our prior posts on this topic can be found here. Barnes & Thornburg attorney Teresa Jakubowski was present for the oral argument. As a result, the BT Labor Relations Blog is able to offer our readers a quick play-by-play. A.                Background The primary issue before the Court…

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06 Dec 2012 Hand It Over: D.C. Circuit Affirms NLRB Ruling on Data Request

Uncategorized | btlabor

KLB Industries manufactures aluminum extrusions at its Bellefontaine, Ohio, facility. Since taking over the plant in 1997, KLB had signed three collective bargaining agreements with its 16-member union. On Sept. 20, 2007, 10 days before the third agreement expired, the parties began negotiating a fourth agreement. During negotiations, KLB claimed that it was facing increased competition from Asian manufacturers, rising production costs, and decreased productivity. Based on these claims, KLB demanded substantial wage concessions. The union subsequently…

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05 Dec 2012 Debate Continues Over President’s NLRB Recess Appointments

Uncategorized | John Koenig

Several media outlets and political pundits are weighing in on the ongoing legal battle over President Obama’s recess appointments to the National Labor Relations Board.  Our prior reports on this topic can be found here. On one side, the Wall Street Journal editorial board opined that President Obama “is exceeding his constitutional authority” with the appointments. They argue that following the President’s logic would mean he “could presumably make recess appointments every weekend, or during lunch.” The editorial…

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30 Nov 2012 Advice memo from NLRB again affirms <i>D.R. Horton</i>, finds employer arbitration agreement unlawful

Uncategorized | btlabor

The NLRB continued to hold its position on arbitration agreements in an advice memorandum released last week, finding that an employer’s mandatory arbitration agreement violated the NLRA despite the fact that it explicitly excluded claims in front of the NLRB and was silent as to whether it prohibited arbitration on a class basis. The Division of Advice applied the Board’s holding in D.R. Horton, 357 NLRB No. 184 (2012), and held that the fact that…

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30 Nov 2012 D.C. Circuit refuses to enforce Board’s bargaining order, finds lawful impasse

Uncategorized | btlabor

The D.C. Circuit Court on Tuesday reversed a decision by the NLRB which had found that Erie Brush & Manufacturing Corp. had unlawfully declared impasse and refused to bargain with SEIU. The D.C. Circuit found that while the employer and the union were only in disagreement on two issues – union security and arbitration of grievances – this was enough to put the parties at impasse, noting that “impasse on a single critical issue can create…

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