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

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

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>

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

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

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

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

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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28 Nov 2012 NHLPA Decertification in the Works?

Jeff Z. Klein of the New York Times has a great blog post this morning saying momentum is building for the NHL Players Association (NHLPA) to follow the strategies used by the players’ unions in the NBA and NFL lockouts – decertify the union and file suit as a “trade association” against the league and the owners under the anti-trust laws in an effort to break the lock-out. Here’s a link to Klein’s story – Slap…

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27 Nov 2012 NHL Lockout: Day 73

The NHL lockout, which has reached Day 73, continues to be one of the biggest labor law stories of the year. And with 2 1/2 months of the season already canceled, you’ve got to believe that it is becoming less and less likely that we’ll see any major league hockey in the 2012-13 season. Already the Winter Classic has been cancelled as has the All-Star weekend originally scheduled for Columbus, Ohio. The NHL and the Players Association appear to be at…

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21 Nov 2012 Study Shows Companies Have Had More NLRB Election Success in 2012 (and Other Intriguing Statistics)

BNA’s Research and Custom Solutions division analyzed data provided by the NLRB and came to a few surprising conclusions. The study shows that, although the number of elections has remained roughly the same from 2011 to 2012, unions have actually been less successful in 2012. This paradigm applies to representation and decertification elections. The study also compares the relative success rates of different unions and analyzes these elections per major industry. Adam BartromAdam Bartrom of the firm’s Labor…

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