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25 Jul 2012 Alaska Supreme Court Finds “Union-Relations” Privilege Protects Communications between Unions and Employees

In a unanimous ruling handed down July 20, the Alaska Supreme Court recognized a “union-relations” privilege implied in the state’s Public Employee Relations Act, the statute governing representation rights of public employees. The Alaska Supreme Court is the first state supreme court to recognize such a privilege, which the Court found protected confidential employee communications with union representatives regarding anticipated or on-going disciplinary or grievance proceedings from forced disclosure. The Alaska case, Peterson v. Alaska,…

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24 Jul 2012 NLRB Political “Tit for Tat” Continues

Another Obama recess appointment to the NLRB is drawing Congressional scrutiny in recent days, in a continuation of the behind-the-scenes politicking between the Administration and certain Congressional members.  As we have reported previously, Republican Board Member Terrance Flynn resigned in May in the wake of allegations of inappropriate communications during his time as Chief Counsel for Board Member Brian Hayes.   Now Senator Orin Hatch, a prominent Utah Republican, has set his sights on Democratic Board Member…

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23 Jul 2012 NLRB Weekly Summary of Decisions – July 9-13, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for July 9-13, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website. 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

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20 Jul 2012 California Court of Appeals Not Persuaded by D.R. Horton Inc. v. Michael Cuda

The California Court of Appeals recently declined to follow the NLRB’s ruling in D.R. Horton Inc. v. Michael Cuda, where the Board held that arbitration agreements containing class waivers may violate the National Labor Relations Act. Nelsen v. Legacy Partners Residential, Inc., involved a putative class action alleging that Defendant Legacy Partners Residential violated state wage laws when it, among other things, failed to pay overtime, provide meal and rest breaks, and timely pay wages owed.  The…

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19 Jul 2012 Actor Danny Glover Joins UAW Effort To Organize Nissan

We have reported here in the past about the UAW’s efforts to organize an automaker in the South. See: “Mississippi Governor ‘Concerned’ About UAW Organizing in the Southeast”“UAW Targets Nissan for Organizing Effort” Now, in the latest move in their ongoing corporate campaign against Nissan, the UAW has turned to actor Danny Glover to help publicize their organizing efforts. The actor, known for his roles in the “Lethal Weapon” series and his community activism, appeared…

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15 Jul 2012 NLRB Impounds Ballets Cast by Duquesne University Adjunct-Faculty

The National Labor Relations Board has impounded ballets cast by Duquesne University’s adjunct-faculty, seeking representation by the United Steelworkers. The decision to impound the ballets followed the University’s Motion asserting that the Catholic university is exempt from the jurisdiction of the NLRB as a religious institution. We’ll keep you posted on the NLRB’s ruling, as the decision will likely have a broad impact on organizing efforts moving forward. The full story can be found here. btlaborBT Labor Relations…

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13 Jul 2012 Fight over unionization of Michigan home health care workers continues in federal court and at the ballot box in November

Michigan has seen many changes in its laws regarding public employee unions since Republican Governor Rick Snyder took office in 2011.  As we previously noted, some of the controversial public labor legislation passed by Michigan’s Republican-controlled legislature in the last year includes a requirement that public union employees pay at least 20% of their health care costs, a ban on graduate student organizing, and a bar against payroll deductions for public school employee union dues…

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12 Jul 2012 NLRB Weekly Summary of Decisions – July 2-6, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, July 2-6, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website. 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…

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10 Jul 2012 Ohio Public Employee Picketing Provision Declared Unconstitutional

A recent opinion of the Ohio Appeals Court dealt a victory to picketing public employees when it found the state’s decades-old law regulating strikes and picketing by public employees unconstitutional as an impermissible restriction on free speech. The Ohio statute at issue was part of the state’s act governing bargaining rights of public employees and included a provision making it an unfair labor practice for a public employee labor organization to “engage in any picketing, striking,…

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06 Jul 2012 NLRB Invalidates Off-Duty Access Rule

The National Labor Relations Board continues to slice and dice employer policies and has now ruled that a hospital policy restricting employees’ off-duty access violates Section 8(a)(1) of the NLRA. USC University Hospital in Los Angeles has an Off-Duty Access Policy which provides that:  “Off-duty employees are not allowed to enter or re-enter the interior of the Hospital or any other work areas outside the Hospital except to visit a patient, receive medical treatment or…

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