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13 Jun 2012 NLRB Asks D.C. District Court to Reconsider Decision Invalidating “Ambush” Election Rules

As we previously reported, a judge with the D.C. District Court invalidated the Board’s  controversial “ambush” election rules last month on essentially a technicality, finding that the three-member Board did not establish a quorum prior to voting on the rules because Member Brian Hayes did not participate in the voting.  The Board responded to that ruling this week arguing that Member Hayes was in fact present at the voting (which occurred electronically) because of his interactions…

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11 Jun 2012 Circuit Refuses Enforcement of Board’s <i>Du Pont</i> Decision Regarding Changes to Benefits

The D.C. Circuit handed a win to employers last week when it refused to enforce the Board’s finding that Du Pont Co. had committed an unfair labor practice when it changed its health care plan during negotiations for a new collective bargaining agreement after the old agreement had expired.  Although Du Pont had routinely made changes to its benefits package prior to an annual enrollment period, the Board found that when Du Pont made these annual…

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08 Jun 2012 NLRB Defends Mini-Bargaining Units; Says That is Nothing New

The NLRB caused quite a stir when it issued Specialty Healthcare and Rehabilitation Center of Mobile, 357 N.L.R.B. No. 83 in September, 2011.  In that case, the Board departed from precedent and raised the governing standard from “community of interest” to “overwhelming community of interest” when determining what constitutes an appropriate bargaining unit in a nonacute healthcare facility. The decision was controversial as it set the stage for mini-bargaining units, and based upon its stance on appeal in this matter, the…

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08 Jun 2012 Employer Groups Join the Fight In Support of Arbitration Agreements Barring Class Actions

In January 2012, the NLRB ruled that employers cannot condition employment on an employee’s willingness to waive the right to bring class actions in arbitration. The case (D.R. Horton Inc. v. NLRB, No. 12-60031) is now pending before the 5th Circuit. Earlier this week, employer groups Pacific Legal Foundation and the National Federation of Independent Business Small Business Legal Center weighed in, arguing that the NLRB’s decision is contrary to federal statute and case law. Specifically, these grounds contend…

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08 Jun 2012 NLRB Weekly Summary of Decisions: May 29-June 1, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, May 29-June 1, 2012 is now available on the Board’s website. The summary can be accessed 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…

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07 Jun 2012 Now Read It Like You Mean It

The National Labor Relations Board, which has been advocating the use of employer’s email systems and intranet sites to distribute final Board orders and notices, has recently returned to an older remedy to punish employers that violate the National Labor Relations Act (NLRA). In Jason Lopez’s Planet Earth Landscape, 358 NLRB 46, the Board in late May held, by its all to common 2-1 split, that the employer had violated the NLRA by laying off…

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06 Jun 2012 An Overview of the NLRB’s Memo Regarding Social Media in the Workplace

On May 31, Barnes & Thornburg’s Labor and Employment Law Department issued a legal Alert that contains an in-depth overview of the National Labor Relations Board’s recent memorandum regarding social media in the workplace. An excerpt from the Alert is included below. To download a PDF of the Alert in its entirety, click on the link at the end of this blog post. A.      Executive Summary. On May 30, 2012, the National Labor Relations Board’s (NLRB)…

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01 Jun 2012 NLRB Weekly Summary of Decisions: May 19-25, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, May 19-25, is now available on the Board’s website. The summary can be accessed 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

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31 May 2012 NLRB’s Acting General Counsel Releases Another Report on Social Media Policies

On May 30, 2012, Lafe Solomon, the NLRB’s Acting General Counsel (the “AGC”), released a third report on social media cases brought before the Board. This report deals with seven different cases involving social media policies, covering topics such as the use of social media and electronic technologies, confidentiality, privacy, protection of employer information, intellectual property, and contact with the media and government agencies.  In the first six policies reviewed, the AGC concluded that at least some of the…

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28 May 2012 NLRB Member Flynn Resigns From Board

Terence Flynn, one of two Republican members on the five member NLRB, resigned from the Board Sunday, May 27, effective July 24. Flynn has been under investigation over alleged inappropriate communications regarding the Board’s internal deliberations. Flynn’s resignation will permit President Obama to appoint another member. By tradition, that member should be a Republican. President Obama himself was the subject of controversy earlier this year by using his recess appointment powers to fill three vacancies on the…

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