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07 Jun 2018 Teamsters On The Hook For Full Back Pay, Says NLRB

The National Labor Relations Act protects the rights of employees with respect to both employers and labor organizations (i.e., unions). A recent decision by the National Labor Relations Board (NLRB) regarding the Teamsters is another reminder that unions – just like employers – can be held liable for damages stemming from labor law violations.   At issue in the case was the Teamsters’ unlawful operation of an exclusive hiring hall. Specifically, it was found that…

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04 Jun 2018 Fractured Workforce: Union Scores “Micro-Unit” Election Win At Boeing

Employers breathed a collective sigh of relief at the end of last year when the National Labor Relations Board (NLRB) announced that it had overruled the agency’s infamous 2011 Specialty Healthcare decision that made it easier for unions to form “micro-units” (i.e., organize smaller segments of workforces at company sites).   For those unfamiliar with micro-units, when filing an election petition with the NLRB, a union must identify a legally appropriate group of employees (i.e.,…

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07 May 2018 What Not To Wear: Employer Dress Code Policy Ruled Unlawful

Many companies implement policies and/or guidelines regarding acceptable attire in the workplace, but the National Labor Relations Board (NLRB) often scrutinizes such policies and believes them to be unlawful to the extent they impair employees’ ability to wear union-affiliated items, absent special circumstances. The board’s rulings in this area apply to both union and non-union employers alike.   The NLRB recently issued a decision in the case Long Beach Memorial Medical Center , in which…

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26 Feb 2018 Operating Engineers Union Sues Over Duty to Represent Non-Dues-Paying Employees

  Local 150 of the Operating Engineers Union has fired the first blast to deal with the expected result of the Supreme Court’s upcoming decision in the Janus v. AFSCME case.   In Janus, the Supreme Court will decide whether to overturn the fair share or agency fee requirements that exist in public sector unions.  Under those arrangements, employees are required to pay dues equivalent to their “fair share” of the union’s cost of representation. …

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23 Aug 2017 There’s a Hole in Your Bucket: 114 Multiemployer Pension Funds on Track to Fail

  Some 114 multiemployer pension funds are on track to fail within the next 20 years, according to a report published this week by Cheiron, Inc., an actuarial consulting firm. Cheiron’s report indicates that these 114 pension plans covering nearly 1.3 million workers are underfunded by $36.4 billion and lack sufficient assets to pay retirees and current employees the full benefits under their pension plans.   Multiemployer pension plans, also called Taft-Hartley Funds, are used…

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14 Mar 2017 The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review

  On November 21, 2016, we reported that in Autoworkers Local 3047 v. Hardin County, the Sixth Circuit Court of Appeals held that local units of government could pass right-to-work ordinances under the National Labor Relations Act. Subsequently, on January 9, 2017 we reported that the state of Kentucky became a right-to-work state, a decision that seemingly ended any controversy concerning the Hardin County ordinance and litigation. However, a group of local unions have continued…

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10 Mar 2017 Beware of the Employee Walk Out: Non-Union Employees Terminated for Walking Off Job; NLRB Judge Reinstates with Backpay

  Earlier this week, an NLRB Judge handed out another tough lesson for a non-union employer.   In this case, three employees at a Hyundai plant in Alabama walked off the job over a scheduling conflict.  The company investigated the incident and terminated their employment on the basis that the employees had voluntarily resigned by leaving early.  Following the employees filing ULPs, the Judge found that the company acted unlawfully.  Specifically, the Judge found the…

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17 Mar 2016 Right-to-Work – Union Shenanigans and Another State (Colorado) In Play

  As previously reported, West Virginia recently became the 26th state to pass a Right-to-Work law, which generally prohibits forced union membership by outlawing union security provisions in collective bargaining agreements. However, in states with Right-to-Work laws, even if the employee has opted out of paying dues, unions still have an obligation to represent employees covered by their collective bargaining agreements in grievance procedures.   NLRB Responses to Right-to-Work:   Right-to-Work legislation is permitted under…

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18 Feb 2016 WEST VIRGINIA BECOMES 26TH RIGHT-TO-WORK STATE

  West Virginia will now join 25 other states which have adopted right-to-work legislation preventing private employers from requiring workers to pay union dues as a condition of employment. West Virginia lawmakers passed the measure in early February, but Democratic Governor Earl Ray Tomblin vetoed the measure. However, on Friday, Feb. 12, the Republican-controlled West Virginia legislature overrode the Governor’s veto.   West Virginia’s Right-to-Work law will become effective July 1 of this year. Right-to-Work…

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05 Sep 2014 IRS Turns A Blind Eye to Unions’ Political Expenditures

  The Internal Revenue Services (IRS) scandal regarding the targeting of conservative political groups took another turn this week. As email traffic from the embattled Lois Lerner continues to surface, recent emails demonstrate that the IRS (and Ms. Lerner) knew of drastic discrepancies between the sums labor unions were reporting on their Department of Labor form LM-2 and the same unions Form 990 required by the IRS.   It appears Ms. Lerner turned a blind…

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