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BT Labor Relations - Current News and Practical Analysis
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25 Apr 2018 Not So Fast: NLRB GC Urges Board To Modify ‘Ambush Election Rule’

Few developments at the National Labor Relations Board (NLRB) in recent years caused as much consternation for employers as the agency’s 2015 “ambush election rule.” That rule significantly truncated the amount of time a company has to express its opinion to its workforce on potential unionization by its employees prior to an election being held. The NLRB announced on Dec. 12, however, that it was seeking input from the public regarding the rule. According to…

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30 Mar 2018 Loose Lips Sink Ships: Obama-Appointed NLRB Member Under Investigation

  The National Labor Relations Board’s (NLRB) Inspector General appears to be very busy these days. Indeed, the NLRB made headlines last month when it vacated a decision from last year as a result of a board member having a potential conflict of interest. That result specifically came about after the agency’s Inspector General issued a report on the purported conflict.   Now, Bloomberg BNA is reporting that the Inspector General is investigating former Obama-appointed…

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20 Mar 2018 Union Organizing Threat: Are Worker Centers Labor Organizations?

  In recent years, many “worker centers” have been popping up around the country. As reported by the Wall Street Journal, the centers can act as a “backdoor approach to union organizing.” The Journal specifically describes them as follows: “The community groups, called worker centers, are often backed by unions. But they aren’t considered ‘labor organizations’ by law because they don’t have continuing bargaining relationships with employers. That gives them more freedom in their use…

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07 Mar 2018 Does Labor Law Protect Employees Engaged In Harassment?

  Employers across the U.S. have been moving swiftly to prevent and eradicate harassment in the workplace since the advent of the #metoo movement last year. While in many instances terminating employees engaged in “harassing” behavior can be an easy decision, the National Labor Relations Board (NLRB) has, in the past, forced employers to reinstate employees discharged for misconduct that potentially constituted unlawful harassment under federal employment laws, such as Title VII of the Civil…

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05 Mar 2018 Social Media Policies Continue To Give Rise To Litigation Before The Labor Board

  The Washington Post will have to defend allegations regarding its social media policy. Bloomberg BNA is reporting that Region 5 (Baltimore) of the National Labor Relations Board (NLRB) has issued a complaint against the media company regarding its implementation of a social media policy.   According to Bloomberg BNA, “The newspaper updated its social media policy in May 2017 to prohibit conduct that ‘adversely affects The Post’s customers, advertisers, subscribers, vendors, suppliers or partners.’ ……

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02 Mar 2018 Frozen: Union Appeals to Congress Over NLRB’s Planned “Hiring Freeze”

  Bloomberg BNA is reporting that the National Labor Relations Board Professional Association – the union who represents National Labor Relations Board (NLRB) employees – has sent letters to congressional members expressing concern over a planned “hiring freeze” at the agency.   According to the report: “The agency plans to implement the freeze, eliminate performance awards, and lay off health services and information technology contractors, the union said in letters to four Democrats on committees…

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21 Feb 2018 Do Over? NLRB May Have To Revisit Its Stance On Joint-Employers Due To Alleged Conflict

  On Dec. 14, 2017, the National Labor Relations Board (NLRB) made headlines and pacified many concerned members of the business community when it overruled its infamous 2015 Browning-Ferris decision – a decision that made it significantly easier for two or more companies to be found “joint-employers” under the National Labor Relations Act. The board did so in a case involving the company Hy-Brand Industrial Contractors Ltd. That victory for employers may be short lived,…

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12 Feb 2018 Tweet This: Twitter Becoming More Prevalent In Union Organizing Efforts

  Unions are turning to social media more and more in an effort to expand their ranks. Twitter, in particular, is a platform big labor is utilizing in hopes of spurring interest among younger workers, according to a new report from Bloomberg BNA. Unions increasingly are using the platform to launch or help further unionization campaigns.   According to the report, “And unions need more young workers to fill their ranks if they’re going to…

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09 Feb 2018 Slimming Down? NLRB Considering Slashing Headcount

  Even more significant change appears to be on the horizon at the National Labor Relations Board (NLRB). According to a new report by Bloomberg BNA, the agency is considering reducing significant headcount in anticipation of major cuts to the board’s operating budget. NLRB General Counsel Peter Robb told a group in New York on Feb 6. that “If we’re going to have a lower budget, it’s going to have to come in substantial part…

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02 Feb 2018 UPDATE: How Will the Booming Economy, Corporate Tax Cuts, and Healthcare Uncertainty Affect Labor Negotiations in 2018?

  2018 is underway, and we now have our first preview of how the economy, corporate tax cuts, and healthcare may be affecting labor agreement negotiations this year – at least in terms of wage settlements. Bloomberg BNA released a report on findings from a survey of 46 recently ratified union contracts that summarizes data on agreed-to wage scales.   Based on the report, it’s a mixed bag thus far. According to a summary offered…

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