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19 Jun 2012 New NLRB Website Describes Rights of Employees To Engage in Protected Concerted Activity

Uncategorized | btlabor

The National Labor Relations Board (NLRB) has launched an interactive website that describes the rights of employees under the Nation Labor Relations Act (NLRA) to engage in protected concerted activity even if they are not in a union. The page, which is available at www.nlrb.gov/concerted-activity, tells the stories of more than a dozen recent cases involving protected concerted activity. The narratives can be viewed by clicking points on an interactive map of the United States. …

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14 Jun 2012 Gallup Poll Shows Union Workers Favor Obama in Presidential Election

Uncategorized | btlabor

Political pollster Gallup looked at the effect of union membership on probable presidential election voting in a recent poll, finding that the majority of union members say that they would vote for President Barack Obama over Republican nominee Mitt Romney. Of union members, which made up about 12 percent of the registered voters polled, 58 percent indicated that they would vote for Obama, while 35 percent favored Romney.  This is a significant difference from non-union…

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13 Jun 2012 NLRB Weekly Summary of Decisions: June 4-8, 2012

Uncategorized | btlabor

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, June 4-8, 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…

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

National Labor Relations Board | btlabor

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

Uncategorized | btlabor

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

Uncategorized | Adam Bartrom

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

Uncategorized | Adam Bartrom

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

Uncategorized | btlabor

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

Uncategorized | Gerald Lutkus

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

Uncategorized | Gerald Lutkus

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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