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01 May 2013 Department of Justice Files Writ of Certiorari with U.S. Supreme Court in Noel-Canning Case

National Labor Relations Board | Steve Hernandez

The Solicitor General of the United States, Donald B. Verrilli, has filed a Writ of Certiorari on behalf of the National Labor Relations Board (the NLRB), asking the Supreme Court to review the decision by the D.C. Circuit, which we discussed here. In the Writ of Certiorari, Verrilli asks the Court to overturn the D.C. Circuits decision, which found President Obama’s recess appointment to the NLRB unconstitutional, on the grounds that… 1. “[t]he court of…

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01 May 2013 Indiana Court of Appeals Overturns Employer’s Common Construction Wage Victory

Labor Agreements | Gerald Lutkus

We rarely see reported decisions on the common construction wage, so William Wressell v. R.L. Turner Corporation caught our eye. In this case, the Indiana Court of Appeals this month ruled that summary judgment was inappropriately entered for an employer on an employee’s claim that he was paid under the wrong job classification. Two items are of some note in the opinion. First, the trial court had struck from the summary judgment record eight paragraphs…

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30 Apr 2013 OSHA: Non-Union Employees May Designate Union Reps as “Representative” During Inspection

Union Organizing, Unions and Union Membership | btlabor

In what amounts to a significant explansion of the existing regulations and OSHA’s own internal Field Operations Manual into the arena of labor and management relations, a recently-released OSHA Interpretation letter states that anyone may be designated by workers at a non-union facility as their “representative” during an OSHA inspection. Our latest Labor & Employment Alert takes a closer look at OSHA’s Interpretation letter and what employers can expect going forward. As the Alert suggests,…

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19 Apr 2013 NLRB Weekly Summary of Decisions for April 8-12, 2013

National Labor Relations Board | Keith Brodie

The National Labor Relations Board’s (NLRB) weekly summary of decisions for April 8-12, 2013 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 April 8-12, 2013. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment…

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19 Apr 2013 New Source for Information: Michigan Hires Right-to-Work Specialist

Uncategorized | Keith Brodie

Now that Right to Work is a reality in Michigan, the State has hired a labor specialist to assist in implementing the laws, which went into effect March 28. Travis Calderwood was hired by the Michigan Bureau of Employment Relations in February to field questions from those who want to know more about the operation of the new law. Mr. Calderwood recently gave MLive an interview answering certain common questions. Employers with additional questions can contact…

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19 Apr 2013 Michigan Home Health Dues Spigot is Turned Off on SEIU

Union Organizing | Keith Brodie

  The dues spigot from Michigan’s home health care workers that had been pouring money into SEIU’s coffers since 2006 has been officially shut off, according to the Director of the Michigan Department of Community Health. Director James Haverman confirmed to the Mackinac Center for Public Policy that SEIU has ended its status as bargaining representative for Michigan’s home health care workers after their contract expired in February.   As we reported last July, the…

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15 Apr 2013 Who’s The Biggest and Who Lost the Most?

Unions and Union Membership | Gerald Lutkus

We’ve reported here on the Bureau of Labor Statistics numbers that showed that the numbers of unionized Americans continued its historic and sharp decline throughout 2012. But now that the dust has settled a little, can you guess which union remains the largest in terms of membership in the U.S.? The Teamsters? How about the UAW? Or perhaps the SEIU? If you guessed any of those, you’d be wrong. The union with the largest membership in 2012 according to recently…

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11 Apr 2013 Overcoming Criticism, the Preventing Greater Uncertainty in Labor-Management Relations Act Moves Forward

Labor Agreements | Adam Bartrom

The Preventing Greater Uncertainty in Labor-Management Relations Act progressed towards a vote on the House floor. Overcoming criticism by Democrats, the Bill won a 7-3 vote in the House Rules Committee. As previously discussed by us here, the Bill, amongst other things, would seek to ban the NLRB from taking action which requires quorom until the Noel Canning controversy is resolved via: (1) Senate confirmation of the appointees; (2) Supreme Court decision; or (3) the 113th Congress adjourns…

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10 Apr 2013 Back to the Full Complement?

National Labor Relations Board | Gerald Lutkus

The White House today signaled its intention to push the NLRB back to its full union-friendly 5-person membership.  President Obama will propose the renomination of current Board Chairman Mark Gaston Pearce along with management attorneys Harry I. Johnston III, a partner with Arent Fox in Los Angeles, and Chicago attorney Philip A. Miscimarra, from Morgan Lewis & Bockius LLP.  Previously submitted nominations for current Board Members Richard F. Griffin, Jr. and Sharon Block, both of whom…

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01 Apr 2013 Court Overturns NLRB Decision in <i>Stella D’Oro Biscuit Co. v. NLRB</i>

National Labor Relations Board | btlabor

The Second Circuit recently overturned a National Labor Relations Board (NLRB) decision determining that Stella D’Oro Biscuit Co., Inc. violated the National Labor Relations Act (NLRA) when it failed to provide workers with financial statements to support claims regarding its financial condition. Under the NLRA, an employer is required to provide evidence of its financial condition when it states to workers that labor concessions would cause undue financial hardship. In overturning the NLRB’s decision, the Court…

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