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17 Apr 2012 Don’t Blink: D.C. Circuit Enjoins Enforcement of NLRB Notice Posting Rule

Uncategorized | btlabor

The D.C. Circuit Court of Appeals struck a blow, at least temporarily, against the NLRB’s controversial notice posting rule today by issuing an emergency injunction postponing application of the rule. The injunction will be in place while the D.C. Circuit considers an appeal from the D.C. District Court’s decision in March partially invalidating the rule. Although the district court’s March decision upheld the right of the NLRB to promulgate and require notice posting, its ruling struck…

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14 Apr 2012 Upon Further Review: A Different District Court Finds NLRB Posting Rule Unlawful

Uncategorized | Scott Witlin

On April 13, Judge David C. Norton of the United States District Court for the District of South Carolina, Charleston Division, ruled that the NLRB’s final rule requiring the posting of a general notice informing employees of their Section 7 (of the National Labor Relations Act, the “NLRA”) rights exceeded the statutory rights of the NLRB, violated the Administrative Procedures Act and, thus, was unlawful.  In his decision, Judge Norton found that Section 6 of…

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13 Apr 2012 Operating Engineers Local 150 Lay Out Their Legal Arguments Against the RTW Law in Court

Uncategorized | Adam Bartrom

As we have previously addressed (both here and here), the International Union of Operating Engineers Local 150 has filed a complaint in federal court challenging Indiana’s new right-to-work law on constitutional grounds.  On March 7, 2012, the State of Indiana filed a motion to dismiss for lack of subject matter jurisdiction. In response, the Union has come forth with its opposition and arguments that the right-to-work law violates the constitutions of the United States and Indiana….

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13 Apr 2012 NLRB Weekly Summary: April 2-6, 2012

Uncategorized | btlabor

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, April 2-6, 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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11 Apr 2012 Employers Asking for Social Media Passwords: Will We Ever See the NLRB Chime In?

Uncategorized | Adam Bartrom

Our colleague Bill Nolan published an article yesterday for TLNT.com addressing the recent brouhaha about employers asking for applicants’ Facebook passwords. The article, titled “Take A Deep Breath: It’s Not Ridiculous to Ask For Social Media Passwords” discusses various employment issues triggered by an employer’s password requests and complements the traditional labor issues discussed in this week’s earlier post. This article also got us thinking about unanswered questions which arise in the traditional labor context, i.e., could this constitute union surveillance and…

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09 Apr 2012 Another One Bites the Dust

Uncategorized | Gerald Lutkus

The NLRB has continued its assault on employer social media policies and a recent Administrative Law Judge ruling from the Board further complicates the issue. The Acting General Counsel, in his various reports on the Board’s social media cases, has made it clear that employers need to include disclaimers in their policies that nothing in the policy is meant to interfere with employee Section 7 rights.   However, a San Francisco-based ALJ, in a lengthy opinion…

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03 Apr 2012 NLRB Weekly Summary: March 26 to March 30, 2012

Uncategorized | btlabor

The National Labor Relations Board’s weekly summary of decisions for last week, March 26-30, 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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31 Mar 2012 Membership Growing, Assets Dropping at UAW

Uncategorized | btlabor

The Detroit News is reporting that the United Auto Workers has added 4,000 new members in 2011.  Membership rose from 376,612 at the end of 2010 to 380,719 in 2011.  However, the UAW’s assets dropped from $1.08 billion to $1.04 billion. Its receipts also declined from $274 million to $258 million.  Despite a slight increase in membership, UAW President Bob King paints a grim future for the union if it is unable to organize foreign…

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30 Mar 2012 11th Circuit Upholds $1.7 Million Verdict Against Carpenters Union

Uncategorized | John Koenig

The 11th Circuit yesterday upheld a $1.7 million jury verdict against the Southeastern Regional Carpenters Council for illegal secondary boycott activity.  The full opinion is now available. According to the union’s own written materials, it started a campaign against a non-union contractor in Atlanta because the contractor “simply . . . pick[ed] up too much [potential union] work downtown.”  The union decided “to eliminate the threat” within 90 days. The union’s boycott included a large protest outside Emory hospital.  The union chose to “hit [Emory] hard and…

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29 Mar 2012 Congressional Bill Would Prohibit Employers from Requesting Social Media Passwords

Uncategorized | btlabor

On numerous occasions, we’ve cautioned employers regarding the Board’s recent emphasis on social media as a form of protected activity. See the following links for those previous posts: NLRB General Counsel issues additional guidance on social media cases New Facebook Cases – No Protected Concerted Activity, But Is It Surveillance?? Update on Social Media issues with the NLRB The implications of utilizing social networking activity in connection with employment decisions is now beginning to extend…

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