Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
0

20 Jan 2017 Obama NLRB Deep Sixes Employer Defense on Procedural Grounds Earlier Case Involving Union’s “Peculiar Circumstances” Justifies Inconsistent Application of the Same Rule

  A recent NLRB decision demonstrates again the Obama NLRB’s willingness to entertain inconsistency when the outcome favors a union. Over the last eight years, some have noted that this has been a persistent theme at the NLRB.   The most recent example of this phenomenon is found in the NLRB’s Jan. 9 Williams-Sonoma Direct, Inc., decision. In this union election case involving the NLRB’s controversial Specialty Healthcare “micro unit” decision, the issue was the…

READ MORE
0

13 Jan 2017 U.S. Supreme Court to Decide D.R. Horton Arbitration Waiver Issue

  The U.S. Supreme Court on Friday agreed to hear three cases all related to the National Labor Relations Board (NLRB) decision in D.R. Horton in which the NLRB held that companies that require employees to sign class action waivers violate their rights to act collectively under Section 7 of the National Labor Relations Act (NLRA).   Though class action waivers have previously been upheld by the U.S. Supreme Court under the Federal Arbitration Act…

READ MORE
0

12 Jan 2017 Summary of NLRB Decisions for Week of Jan. 3-6

  The summary of NLRB decisions for the week of Jan. 3-6 is now available.   Summarized Board Decisions   Hospital Santa Rosa Inc. a/k/a Clinica Santa Rosa  (12-CA-143221; 365 NLRB No. 5)  San Juan, PR, January 3, 2017.   The Board unanimously affirmed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) when it failed to pay employees a $600 Christmas bonus, as required by Puerto Rico law, without first affording…

READ MORE
0

09 Jan 2017 Kentucky Doubles Down: Right to Work and No Prevailing Wage

  Over the weekend, Kentucky became the 27th state in the U.S. to pass a statewide Right-to-Work Act. And while they were at it, the Kentucky senate also passed a bill eliminating the commonwealth’s prevailing wage act for public construction projects. Both bills take effect immediately.   Kentucky Gov. Matt Bevin signed a right-to-work measure into law this weekend. Republicans had introduced the measure on Jan. 3 at the start of the legislative session and…

READ MORE
0

09 Jan 2017 Summary of NLRB Decisions for Week of Dec. 27-30

  The summary of NLRB decisions for the week of Dec. 27-29 is now available.   Summarized Board Decisions   LakeWood Health Center d/b/a Chi LakeWood Health  (18-RC-177139; 365 NLRB No. 10)  Baudette, MN, December 28, 2016.   The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election among professional and nonprofessional technical employees at the Employer’s acute care hospital (the Union won the election and was certified)….

READ MORE
0

30 Dec 2016 Weekly Summary of NLRB Decisions for Week of Dec. 19-23

  The summary of NLRB decisions for the week of Dec. 19-23 is now available.   Summarized Board Decisions   Howard Industries, Inc.  (15-CA-164449; 365 NLRB No. 4)  Laurel, MS, December 21, 2016.   The Board adopted the Administrative Law Judge’s recommended dismissal of allegations that the Respondent violated Section 8(a)(5) and (1) by unilaterally changing its policy regarding which employees were to be given hams during the Christmas season, without first notifying and giving…

READ MORE
0

27 Dec 2016 Past Isn’t Prologue: Study Finds NLRB Nullified 4,500+ Years of Precedent Over Last Eight Years

  Anyone following labor law over the last eight years knows the National Labor Relations Board (NLRB) has been very active and made extensive changes, including overturning long-standing precedent. From altering the test used to evaluate “micro-units” to modifying the standard for finding “joint employers” and allowing college graduate assistants the right to form unions, the scope of departure from past precedent has been vast. Indeed, according to a recent study conducted by the Workplace…

READ MORE
0

19 Dec 2016 Weekly Summary of NLRB Decisions for Week of Dec. 12-16

  The summary of NLRB decisions for the week of Dec. 12-16 is now available.   Summarized Board Decisions   Aerotek, Inc.  (17-CA-071193 et al.; 365 NLRB No. 2)  Omaha, NE, December 15, 2016.   The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(3) by refusing to hire four applicant electricians who were Union members, and Section 8(a)(1) by prohibiting employees from discussing each other’s wages.  A majority (Chairman Pearce…

READ MORE
0

15 Dec 2016 Weekly Summary of NLRB Decisions for Week of Nov. 28-Dec. 2

  The summary of NLRB decisions for the week of Nov. 28-Dec. 2 is now available.   Summarized Board Decisions   Masonic Temple Association of Detroit and 450 Temple, Inc.  (07-CA-144521; 364 NLRB No. 150)  Detroit, MI, November 29, 2016.   The Board affirmed the Administrative Law Judge’s conclusion that Respondents Masonic Temple Association of Detroit and 450 Temple, Inc., a single employer, violated Section 8(a)(5) and (1) by failing and refusing to recognize and…

READ MORE
0

09 Dec 2016 Second Persuader Rule Case Halted; Court to Wait for New Administration

  With a nationwide injunction already in place by a federal court in Texas, a federal court in Minnesota has entered a stay of proceedings in a second suit that also seeks to block enforcement of the persuader rule.   U.S. District Judge Patrick J. Schiltz’s two-page order not only denied cross motions for summary judgment from the parties, but also stayed the proceeding. Judge Schiltz concluded that “The court agrees with plaintiffs that there is…

READ MORE