Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
0

19 Jan 2012 Court Finds Company-Union Neutrality Agreement Unlawful

Section 302 of the Labor Management Relations Act makes it unlawful for an employer to give a union any “thing of value” with only some exceptions.  That provision has not been applied to union neutrality agreements in the handful of Circuit opinions on the issue.  However, the 11th Circuit Court of Appeals ruled yesterday an employer providing organizing assistance to a union pursuant to a neutrality agreement can be a “thing of value” in violation of Sect. 302.      A greyhound track in…

READ MORE
0

19 Jan 2012 NLRB Weekly Summary: January 9-13, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, January 9-13, 2012, is now available on the Board’s website. You can access the report by clicking here. 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, including news related to the NLRB and a variety of state issues.More Posts – Website

READ MORE
0

18 Jan 2012 Indiana Right to Work: The People’s Choice?

In the face of a strong Republican majority in the Legislature and Gov. Daniels’ support in the Statehouse, the Indiana AFL-CIO is now trying to take its message to the masses.  The AFL-CIO, along with Indiana Democrats, is relying upon a recent poll to support its contention that a majority of Hoosiers support a referendum on the issue as opposed to a legislative vote.  The Union also relies upon the poll to argue that more debate needs to occur on the…

READ MORE
0

14 Jan 2012 Business Groups Seek to Overturn NLRB Recess Appointments

The National Right to Work Legal Defense and Education Foundation Inc. and other business groups are using their pending lawsuit seeking to block the new NLRB Employee Notice Rules as a vehicle to scuttle the President’s recent recess appointments to the NLRB. The NRTW, the National Federation of Independent Business, the Coalition for a Democratic Workplace, and two small businesses have sued to block the employee notice rule. But Friday, the plaintiffs moved to amend their complaint to…

READ MORE
0

13 Jan 2012 Supreme Court Further Undermines <i>D.R. Horton</i>’s Shaky Foundation

Just a few days following the NLRB’s controversial decision in D.R. Horton that called into question the validity of employment arbitration provisions, the United States Supreme Court issued a ruling that may spell trouble for the NLRB’s position. By issuing an 8-1 vote on Jan. 11, 2012, the Supreme Court reversed the Ninth Circuit and reaffirmed its position that the FAA established a federal policy favoring arbitration. CompuCredit Corp. v. Greenwood.   CompuCredit involved a purported…

READ MORE
0

12 Jan 2012 Did the White House Just Accidently Torpedo The Quickie Election Rules?

On Jan. 4, 2012 President Obama announced the recess appointment of three members to the NLRB and set-off a small firestorm over executive authority. The president’s position is that the Senate was not still in session because the “pro forma” sessions it had been holding since Dec. 20, 2011 (during which the Senate is gaveled into order for a few seconds before recessing again) were nothing more than a sham. The White House issued a statement declaring “gimmicks…

READ MORE
0

12 Jan 2012 Obama Board Expands Information Request Morass

By another 2-1 decision, the Democratic majority NLRB ruled on Jan. 3, 2012 that a union is entitled to information that is not presumptively relevant without the need to explain its “reasonable belief” that the information sought is necessary for, and relevant to, the performance of it’s statutory duties.    Board law has long held that presumptively relevant information must be provided to a union upon its request. With respect to information that is not presumptively relevant, the Board…

READ MORE
0

12 Jan 2012 NLRB Weekly Summary: January 3-6, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, January 3-6, 2012, is now available on the Board’s website. You can access the report by clicking here.   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, including news related to the NLRB and a variety of state issues.More Posts…

READ MORE
0

11 Jan 2012 NLRB Back to Full Strength with Pro-Union Majority

The NLRB has returned to its full complement of five Board members. Board Chairman Mark Gaston Pearce administered the oath of office this week to recess appointees Sharon Block (D), Terence F. Flynn (R) and Richard F. Griffin (D). They join Pearce and Republican Brian Hayes. This marks the first time since August 2010 that the Board has all five of its posts filled. The swearing-in means that the controversial and sweeping changes in the…

READ MORE
0

10 Jan 2012 Compulsory Unionization Pushback Week

This week shaping up as a big week for news about compulsory unionization. As noted in previous blog posts that can be found here and here, the Indiana state legislature is taking up a right to work law that would criminalize union security agreements. The measure should come up for a vote in both houses of the legislature. On Monday, Democratic Representatives ended their three day boycott which could permit a vote on the measure….

READ MORE