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28 Jul 2017 WARNING: No Solicitation

  Few things are more painful for a company to go through than a union election. One of those things is when the National Labor Relations Board (NLRB) orders a “re-run” election due to alleged misconduct by the employer (i.e., the company has to go through the entire contentious, cumbersome, and costly process again).   Various types of misconduct by companies can give rise to a re-run election. One such category is “solicitation of grievances,”…

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26 Jul 2017 Woo-hoo! Federal Court Overrules NLRB, Says Companies Can Require Employees to Promote Positivity

  The National Labor Relations Board’s (NLRB) attack on personnel policies has been well-chronicled over the years. In May 2016, however, the NLRB’s view of handbook policies arguably peaked when it struck down numerous policies in a T-Mobile handbook, including one that generally asked employees to be professional and maintain a “positive work environment.” In that case, the NLRB explained its view by stating: “[w]e find that employees would reasonably construe the rule to restrict…

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24 Jul 2017 Closing Time: NLRB Considers Shuttering Even More Offices

On July 20, the National Labor Relations Board (NLRB) announced it is considering closing two more offices: its office in Anchorage, Alaska, and its office in Little Rock, Arkansas. The public is invited to submit comments on the potential closings by Aug. 25.   The Anchorage office is part of Region 19 out of Seattle and the Little Rock office falls under Region 15 out of New Orleans. The announcement follows a similar one about…

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21 Jul 2017 NLRB Inches Closer to Having Full Panel

  For some time now, the National Labor Relations Board (NLRB) has been operating with only three members, which is two short of the full five-member panel, but on July 19 there was some progress made toward reaching a full complement.  As described in more detail in this blog here and here, long-time management labor attorney William Emanuel and veteran government legal advisor Marvin Kaplan have been nominated by the Trump administration.   In a…

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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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18 Jul 2017 NLRB’s Controversial Joint-Employer Standard in House Appropriations Committee’s Crosshairs

  The NLRB’s controversial 2015 Browning-Ferris decision greatly expanding the definition of “joint-employer” to include those employers who exert only indirect control over employees may not be around much longer, as House Republicans are attempting to use the power of the purse to rein in the Board.   On July 13, the House Appropriations Subcommittee on Labor, Health and Human Services, and Education voted to approve a draft spending bill for fiscal year 2018 that…

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12 Jul 2017 Playing Hardball – NLRB Holds High School Lacrosse Referees Are Employees, Not Independent Contractors

  On July 11, the National Labor Relations Board (NLRB) held that junior high and high school lacrosse referees that provided their services through the Pennsylvania Interscholastic Athletic Association (PIAA) were statutory employees under the National Labor Relations Act (NLRA) and not independent contractors. The NLRB’s decision clears the way for negotiations between the represented referees and the PIAA based on a vote that favored the union. It also makes way for union organizing for…

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11 Jul 2017 If At First You Don’t Succeed, Try, Try, Try Again: UAW Files Petition for Union Vote at Nissan

  For years the United Autoworkers Union (UAW) has attempted to organize foreign auto manufacturers in the U.S., but its efforts have largely failed. Indeed, while the UAW continues to represent most production and maintenance workers at the big American car companies’ sites in this country, the union has failed to gain any strongholds within its Japanese counterparts, despite constant efforts over the years.   Now, the UAW is trying again. It was recently announced…

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07 Jul 2017 Eighth Circuit Sides With Jimmy John’s and Finds Employee Actions Were Not Protected Activity

  The U.S. Court of Appeals for the Eighth Circuit found on July 3 that employees of a Jimmy John’s franchisee made false and calculated accusations that were intended to hurt the business interest of their employer, rather than to encourage change in workplace policies. The ruling reverses an NLRB decision and an initial verdict by an Eighth Circuit panel.   In 2010, the Jimmy John’s Workers Union, an affiliation of the Industrial Workers of…

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30 Jun 2017 Summary of NLRB Decisions for Week of June 12 – 16

  Summarized Board Decisions   United States Postal Service  (07-CA-145159 and 07-CA-159684; 365 NLRB No. 92)  Detroit, MI, June 12, 2017.   The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(5) and (1) by unreasonably delaying furnishing information about light-duty employees’ work restrictions, unreasonably delaying furnishing information used to establish a seniority list, and refusing to furnish information regarding how it compiled another seniority list.  In adopting the judge’s finding…

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