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BT Labor Relations - Current News and Practical Analysis
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17 Jan 2018 How Will the Booming Economy, Corporate Tax Cuts, and Healthcare Uncertainty Affect Labor Negotiations in 2018?

  Bloomberg BNA recently published a report predicting that labor unions will be seeking to score more in wages and benefits in their 2018 collective bargaining agreements than in recent years. This is in light of the relative hot economy and significant corporate tax cuts going into effect. The fact that many non-union companies have publicly announced higher wages and bonuses for their employees based on the tax overhaul may encourage the unions to be…

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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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18 Dec 2017 All the King’s Horses and All the King’s Men CAN Put Humpty Dumpty Together Again: NLRB Overrules Specialty Healthcare, Potentially Reducing Number of Fractured Bargaining Units

  The National Labor Relations Board (NLRB) capped one of the most notable weeks in its history by issuing a decision that overruled the agency’s now infamous Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), decision. That decision paved the way for a slew of micro-units being certified by the NLRB over the last five-plus years (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply…

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02 Oct 2017 D.R. Horton Reaches New Heights – U.S. Supreme Court Hears Oral Arguments

  On Oct. 2, the U.S. Supreme Court heard oral arguments in a consolidated trio of cases all addressing whether class action waivers in individual arbitration agreements violate the National Labor Relations Act (NLRA).   In D.R. Horton, the National Labor Relations Board (NLRB) held such class action waivers violated the NLRA. Appeals followed to various federal circuit courts, with the U.S. Court of Appeals for the Fifth, Eight and Second Circuits striking down the…

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27 Sep 2017 High Court to Resolve Whether Class Action Waivers Violate NLRA

  On Oct. 2, the U.S. Supreme Court will resume its fall session and tackle, among other issues, whether class action waivers in arbitration agreements are valid and enforceable under Section 7 of the National Labor Relations Act (NLRA). The court will consider a consolidated set of cases emerging from the U.S. Court of Appeals for the Fifth, Seventh and Ninth Circuits, which have taken conflicting views on this question. The court’s resolution of this…

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19 Jul 2017 NLRB Rolls Snake Eyes Before D.C. Circuit

  The U.S. Court of Appeals for the D.C. Circuit recently dealt casinos  a winning hand by overturning a ruling of the National Labor Relations Board (NLRB). This time the court determined the NLRB  incorrectly included surveillance techs at the Bellagio and Mirage Hotels as members of a larger unit seeking representation  by the International Association of Operating Engineers.   In a split decision, the court determined that the surveillance techs who control the casinos’…

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19 Jun 2017 Fahrenheit 180: DOJ Reverses Course, Abandons NLRB at Supreme Court in Class Action Fight

  The heat is turning up at the U.S. Supreme Court. Arguments to the Court regarding whether class action waivers should be permitted in the employment context recently just kicked off, and a major unexpected development already has emerged. On June 16, the Department of Justice (DOJ) did a 180 and filed a brief in support of three companies who are opposing the National Labor Relations Board (NLRB) before the Court. The DOJ previously supported…

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15 Jun 2017 UBER Arbitration Pact Tossed

  The assault on company-employee arbitration pacts by the National Labor Relations Board (NLRB) continues. On June 13, an NLRB Administrative Law Judge (ALJ) ruled an Uber Technologies arbitration agreement was unlawful. Uber required its software engineers to sign an agreement that compelled arbitration of claims against the company.   Specifically, the ALJ held that the language in the agreement was “ambiguous” as to employees’ rights to file charges with the NLRB or otherwise access…

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15 Jun 2017 ‘Let’s Get Ready To Rumble!’ Class Action Waiver Battle Kicks Off At Supreme Court

  The class action waiver battle between employers and the National Labor Relations Board (NLRB) has been brewing for years. It’s finally coming to a head, as the U.S. Supreme Court agreed to resolve the dispute earlier this year and a group of employers just filed their opening briefs in the matter.   Class action waivers are a tool utilized by companies to blunt costly and time-intensive class or collective claims brought by a large…

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26 May 2017 Senator Introduces Bill To Amend NLRA And Reverse Micro-Unit Trend

  It’s been a busy few weeks on the micro-unit front. As just reported on the blog, Chairman Philip Miscimarra recently signaled he would like to overturn the National Labor Relations Board’s decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), that gave rise to a wave of micro-units in recent years. Following on the heels is news out of the Senate on May 24 that some members of Congress also…

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