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12 Feb 2018 Tweet This: Twitter Becoming More Prevalent In Union Organizing Efforts

  Unions are turning to social media more and more in an effort to expand their ranks. Twitter, in particular, is a platform big labor is utilizing in hopes of spurring interest among younger workers, according to a new report from Bloomberg BNA. Unions increasingly are using the platform to launch or help further unionization campaigns.   According to the report, “And unions need more young workers to fill their ranks if they’re going to…

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09 Feb 2018 Slimming Down? NLRB Considering Slashing Headcount

  Even more significant change appears to be on the horizon at the National Labor Relations Board (NLRB). According to a new report by Bloomberg BNA, the agency is considering reducing significant headcount in anticipation of major cuts to the board’s operating budget. NLRB General Counsel Peter Robb told a group in New York on Feb 6. that “If we’re going to have a lower budget, it’s going to have to come in substantial part…

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07 Feb 2018 Can You Require Employees To Keep Harassment And Other Workplace Investigations “Confidential”?

  The wave of harassment claims sweeping the nation recently has spawned countless workplace investigations. But can companies require employees to keep such investigations “confidential” (i.e., direct employees to refrain from discussing an investigation while its ongoing)? The National Labor Relations Board (NLRB), unfortunately, has placed limits on employers’ – both union and non-union alike – ability to do so.   Specifically, in a 2015 decision – Banner Health System, 362 NLRB No. 137 (June…

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06 Feb 2018 NLRB Issues Updated “Bench Book” for its Judges

  The National Labor Relations Board (NLRB), like many federal agencies, has its own division of “administrative law judges” that preside over cases brought to the agency. In fact, the NLRB takes most of its actions through individual case adjudication versus administrative rulemaking.   On Feb. 2., the NLRB announced that its Judges Division issued an updated “Bench Book,” which provides guidance to the board’s administrative law judges in terms of running unfair labor practice…

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05 Feb 2018 On the Hook: NLRB Forces Hotel to Pay Union’s Attorney’s Fees Related to Boycott Spat

  Companies, rightfully so, detest negative publicity, especially when it comes to things like organized consumer boycotts. Unfortunately, the National Labor Relations Act (NLRA) protects a union’s right, to some extent, to organize such boycotts in furtherance of its objectives. Employers interfering with lawful union-sponsored boycotts can face significant legal consequences, as demonstrated by a recent case issued by the National Labor Relations Board (NLRB).   On Feb. 1, the NLRB issued its decision in…

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02 Feb 2018 Supreme Court to Decide Whether “Fair Share” Fees Violate Free Speech

  On February 26, 2018, the United States Supreme Court is set to hear arguments regarding whether public employees who decide to not join their designated union may still be charged “agency fees” in support of collective bargaining in the case styled as Janus v. American Federation of State, County, and Municipal Employees. The Court’s 1977 decision in Abood v. Detroit Board of Education allows unions to charge fees to non-members for collective bargaining, but…

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02 Feb 2018 UPDATE: How Will the Booming Economy, Corporate Tax Cuts, and Healthcare Uncertainty Affect Labor Negotiations in 2018?

  2018 is underway, and we now have our first preview of how the economy, corporate tax cuts, and healthcare may be affecting labor agreement negotiations this year – at least in terms of wage settlements. Bloomberg BNA released a report on findings from a survey of 46 recently ratified union contracts that summarizes data on agreed-to wage scales.   Based on the report, it’s a mixed bag thus far. According to a summary offered…

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01 Feb 2018 Second Time’s the Charm? NLRB to Reconsider Lawfulness of Restaurant’s Work Rules Under New Standard

  Employers received great news from the National Labor Relations Board (NLRB) late last year when the agency announced that it was revising its standard for evaluating the lawfulness of employer personnel policies under the National Labor Relations Act (NLRA), and that ruling – a ruling that likely will result in more workplace policies being upheld – appears to already be paying dividends.   On Jan. 29, the U.S. Court of Appeals for the D.C….

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31 Jan 2018 Columbia to Fight NLRB Ruling on Graduate Assistants’ Unionization Efforts in Federal Court

  In August 2016, the National Labor Relations Board (NLRB) ruled that student assistants at Columbia University could form a union under the National Labor Relations Act (NLRA). That decision overruled a 2004 case dealing with Brown University where the board held such assistants did not have the right to unionize under the NLRA because they had a predominantly academic, rather than employment, relationship with their private university. At Columbia, the United Automobile Workers (UAW)…

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29 Jan 2018 NLRB Extends Deadline for Public Feedback on Potential Changes to Its ‘Ambush Election Rule’

  On Jan. 26, the National Labor Relations Board (NLRB) announced that it is extending the deadline for public feedback on potential changes to its “ambush election rule” to March 19. The deadline previously was Feb. 12.   The NLRB announced on Dec. 12 that it was seeking input from the public regarding the NLRB’s 2014 ambush election rule. According to the agency’s press release, the NLRB specifically is evaluating whether the rule should remain…

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