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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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30 Apr 2014 NLRB To Include Hyperlinks In Notice Postings

  Last week the NLRB granted a request by a Teamsters local union to modify the Board’s standard notice language in a case where the employer was found to have violated the NLRA. Specifically, the NLRB agreed to inform employees that a copy of the full decision and order is available on the Board’s website and to provide a direct “hyperlink” to the decision. The standard language previously did not inform employees where they could…

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16 Apr 2014 NLRB Requires Employer to Pay Union’s Negotiation Expenses in Refusal to Bargain Case

  Earlier this week, the National Labor Relations Board (NLRB) ordered a hospital employer to pay the negotiating costs of the union representing its employees as a remedy for the hospital’s unlawful refusal to bargain with the union. In Fallbrook Hospital Corporation dba Fallbrook Hospital and California Nurses Association/National Nurses Organizing Committee (CNA/NNOC), AFL-CIO, the NLRB upheld the decision made by the Administrative Law Judge (ALJ) that the hospital had unlawfully refused to bargain with…

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08 Apr 2014 Could the Players Simply Say No?

  Perhaps the worm has started to turn on the Northwestern University football union saga.  According to published reports in Chicago, some of the senior leaders of the Northwestern football team have started to come out against voting in favor of union representation.   The Chicago Tribune and the Associated Press have reported this week that Pat Fitzgerald at Northwestern had a pretty public meeting with the players last week at the end of practice…

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07 Apr 2014 Not April Foolin’: National Labor Relations Board Finds Employer Rule Requiring Positivity and Professionalism Unlawful

  On April 1, 2014, the National Labor Relations Board (the “NLRB” or the “Board”) ruled unlawful an employer policy requiring that its employees refrain from negativity in the workplace an in the community.At issue in Hills and Dales General Hospital were three paragraphs in the employer’s “Values and Standards of Behavior Policy:”  1.) Paragraph 11 prohibited employees from making “negative comments about our fellow team members,” (including coworkers and managers; 2.) Paragraph 16 required…

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