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24 Jul 2018 Fiat Chrysler UAW Collective Bargaining Process Under a Microscope

Yesterday another high ranking UAW official pled guilty in the federal government’s ongoing investigation into Fiat Chrysler’s and high-ranking UAW officials’ payoff scandal (see previous posts: Jun 12 | March 23 | Nov 3) Nancy Adams Johnson, a top assistant to UAW Vice President Jewell Norwood, admitted to receiving illegal payments and using funds illegally from Fiat Chrysler. The government’s investigation now has been expanded to include other automakers as well, but currently the UAW…

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17 Jul 2018 Hey, Hey, Hey, Goodbye: DOL Persuader Rule Nixed

Back in 2016, the Department of Labor (DOL) issued regulations that would have significantly narrowed the scope of the legal advice exemption to the persuader rules. Persuader rules require companies to report certain financial information on monies paid to companies and/or individuals who help “persuade” employees regarding various labor relations issues. The new rule would have required reporting of monies paid for legal services when those services included “indirect persuasion” activity, including advice on what…

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01 May 2018 Is It A Union? That is the Question

As we have previously reported, due to declining private sector membership unions have explored new organizing tactics. One “new” union tactic involves the creation and support of so-called “Worker Centers.” These Worker Centers are usually formed as community groups but are often backed by labor organizations, i.e. unions. Service Employees International Union (SEIU) has been heavily involved in the formation of such community based “centers” as a means to advocate for higher minimum wage and…

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12 Feb 2018 Tweet This: Twitter Becoming More Prevalent In Union Organizing Efforts

  Unions are turning to social media more and more in an effort to expand their ranks. Twitter, in particular, is a platform big labor is utilizing in hopes of spurring interest among younger workers, according to a new report from Bloomberg BNA. Unions increasingly are using the platform to launch or help further unionization campaigns.   According to the report, “And unions need more young workers to fill their ranks if they’re going to…

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30 Aug 2017 Federal Court Puts Up Roadblock in Seattle’s Quest to Grant Uber and Lyft Drivers Union Organizing Rights

  A Seattle ordinance that grants drivers for Uber, Lyft and other similar ride-hailing companies the right to form unions remains on hold after an Aug. 29 federal court ruling. Back in 2015, Seattle passed a law allowing the drivers to organize and bargain over pay, benefits, and more. Because Uber and Lyft classify drivers as independent contractors, their drivers are not permitted to unionize under the National Labor Relations Act due to the fact…

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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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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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01 Dec 2016 UFC Fighters Seek to Unionize

  A group of prominent current and former UFC fighters, including past champion Georges St-Pierre, announced the formation of the Mixed Martial Arts Athletes Association on Nov. 30. In its official announcement, the group said “The Association’s sole concentration is to fight for the rights of MMA fighters and force UFC’s ownership to dramatically alter the company’s decade plus outrageous treatment of its athletes.” The group also included Bjorn Rebney, former CEO of MMA promotion company Bellator MMA.  …

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01 Sep 2015 NLRB Election Rule Statistics Demonstrate Shorter Election Periods and Why Proactively Preparing for Union Organizing is Smart Business

On April 14, 2015, the NLRB’s new rule applicable to union organizing went into effect. See previous posts here and here. From the time the new rule was first introduced, employer’s argued that its main aim was to speed up the time for union elections (to the benefit of unions) and that it was a certainty that elections under the rule would occur much more quickly.   Conventional wisdom has always been the shorter the…

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11 Dec 2014 NLRB HACKS EMAIL SYSTEMS OF EVERY BUSINESS IN THE U.S.

Earlier today, the NLRB reversed existing precedent and granted all employees the right to use their employer’s email systems for union organizing and other forms of protected concerted activity. In Purple Communications, Inc., the employer’s policy limited employee use of its email and other electronic systems to “business purposes only” and “specifically prohibit[ing]” certain uses by employees. While the employer had a policy that all parties acknowledged complied with existing law, the Board  reversed course, declaring…

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