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23 Feb 2018 Revoking Dues Check-offs – You’ve Got to Follow the Card

  The Sixth Circuit Court of Appeals has delivered the latest reminder to those attempting to stop paying union dues – you have to follow the language on your dues check-off card and you have to follow it precisely.   In Ohlendorf et al. v. United Food & Commercial Workers International Union, Local 876, the plaintiffs had signed checkoff authorization forms, which like most dues check-off forms, declared that they could not be revoked by…

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09 Jan 2018 Union Retirees Win Certification In Class Action Regarding Lifetime Medical Insurance Benefits

  Retiree benefits are a huge issue for many employers – from pure economic cost to administrative burdens. Accordingly, some companies have moved to limit or cut such benefits entirely. Of course, when doing so, companies need to navigate various legal issues, including under the Employee Retirement Income Security Act (ERISA) and, to the extent a union is in the picture, the National Labor Relations Act and/or Labor Management Relations Act (LMRA). A federal court…

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06 Nov 2013 Seventh Circuit Rules Salary Payments Violate the Labor Management Relations Act

In a significant ruling, the United States Court of Appeals for the Seventh Circuit recently held that Titan Tire Corporation is not obligated to pay the full-time salaries of the president and benefit representative for the union representing employees at the company’s Illinois facility. According to the Court, the individuals at issue earn their current salaries because of their service to the Union. As such, direct salary payments to the president and benefit representative amounts…

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31 Oct 2013 Griffin Confirmed as new NLRB GC

Organized Labor officially has full control of the National Labor Relations Board (NLRB). The nomination of the former General Counsel of the International Union of Operating Engineers – Richard Griffin – was confirmed Tuesday by the Senate on a 55-44 vote. This marks the first time in three years that a General Counsel has been confirmed by the Senate and when Griffin is sworn in, it will be the first time in 10 years that there…

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11 Apr 2013 Overcoming Criticism, the Preventing Greater Uncertainty in Labor-Management Relations Act Moves Forward

The Preventing Greater Uncertainty in Labor-Management Relations Act progressed towards a vote on the House floor. Overcoming criticism by Democrats, the Bill won a 7-3 vote in the House Rules Committee. As previously discussed by us here, the Bill, amongst other things, would seek to ban the NLRB from taking action which requires quorom until the Noel Canning controversy is resolved via: (1) Senate confirmation of the appointees; (2) Supreme Court decision; or (3) the 113th Congress adjourns…

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14 Mar 2013 House Introduces Bill

The Preventing Greater Uncertainty in Labor-Management Relations Act, H.R. 1120 was introduced to the House of Representatives on Wed., March 13, 2013 in response to the flux caused by the NLRB recess appointments and the D.C. Circuit’s decision in Noel Canning (previously covered here). Citing policy reasons, the bill seeks to ban the NLRB from taking action which requires quorom until the controversy is resolved via: (1) Senate confirmation of the appointees; (2) Supreme Court decision; or (3)…

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