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05 Mar 2018 Social Media Policies Continue To Give Rise To Litigation Before The Labor Board

  The Washington Post will have to defend allegations regarding its social media policy. Bloomberg BNA is reporting that Region 5 (Baltimore) of the National Labor Relations Board (NLRB) has issued a complaint against the media company regarding its implementation of a social media policy.   According to Bloomberg BNA, “The newspaper updated its social media policy in May 2017 to prohibit conduct that ‘adversely affects The Post’s customers, advertisers, subscribers, vendors, suppliers or partners.’ ……

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23 Feb 2018 Revoking Dues Check-offs – You’ve Got to Follow the Card

  The Sixth Circuit Court of Appeals has delivered the latest reminder to those attempting to stop paying union dues – you have to follow the language on your dues check-off card and you have to follow it precisely.   In Ohlendorf et al. v. United Food & Commercial Workers International Union, Local 876, the plaintiffs had signed checkoff authorization forms, which like most dues check-off forms, declared that they could not be revoked by…

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12 Jan 2018 Union Sabotages Its Own Request For Information, Says NLRB

  The National Labor Relations Board (NLRB) generally places few limits on unions’ ability to request and receive information from employers related to members’ terms and conditions of employment, but a recent case demonstrates there are limits. On Jan. 9, the NLRB issued a decision in a case against IronTiger Logistics, Inc. in which the Machinists union alleged the company failed to timely and adequately respond to an extensive information request related to work assignments…

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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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08 Jan 2018 A Hail Mary? Union Fights To Keep NLRB Joint-Employer Case In Federal Court

  On Jan. 4, the Teamsters union filed a motion with the U.S. Court of Appeals for the D.C. Circuit in the infamous Browning-Ferris case requesting that the court reconsider its Dec. 22 order that remanded the case back to the NLRB. The reason? The Teamsters argue that one of the new NLRB members’ law firms was involved in the related Browning-Ferris case. The case was on appeal to the court from the NLRB.  …

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15 Nov 2017 Survey Says: Employees Still Value Validation Over Compensation

  For decades, survey after survey has shown that recognition, respect, etc., are far more important to employees than compensation. A new survey from Globoforce’s WorkHuman Research Institute confirms that the trend continues. One of the best things about this, in my opinion, is that every manager can impact things like recognition in the workplace in a positive way. In short, there are small things managers can do every day to improve their workplaces, employee…

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06 Nov 2017 Senior Officials Tossed from Union in Wake of Sexual Harassment Allegations

  A tidal wave of sexual harassment allegations has been making headlines recently. Now, throw the Service Employees International Union (SEIU) – the nation’s second largest union – into the discussion of organizations reeling from sexual harassment claims.   It has been reported that a couple of high ranking officials in the SEIU have been fired or forced to resign in the wake of sexual harassment/sexual misconduct allegations. The problem may be widespread within labor…

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02 Nov 2017 Union Improperly Used Strikes and Grievances to Obtain Disputed Work, Says Appeals Court

  In May 2016, the National Labor Relations Board (NLRB) ruled that an International Union of Operating Engineers (IUOE) local unlawfully used strikes and grievances in an effort to obtain certain work on construction sites that had been given to members of another union.  That decision was challenged in the U.S. Court of Appeals for the Sixth Circuit, which upheld the NLRB’s ruling on Oct. 31.   While the NLRB allows a union to utilize…

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13 Sep 2017 Iowa Law Targeting Public Sector Unions Going into Effect

  Iowa recently passed a law that significantly curtails the powers of its public sector unions. Specifically, the law drastically limits the subjects over which those unions can bargain, primarily to wages. Further, before entering into any collective bargaining negotiation, each local public union must hold and prevail in a “recertification election.” A majority of the covered employees must vote to assent to continued union representation.   The law became effective in February, but the…

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16 Aug 2017 Fractured Workforce: Federal Court Approves Micro-Unit Certified by NLRB

  Unfortunately, it appears the National Labor Relations Board’s (NLRB) recent trend of certifying micro-units is here to stay until a pro-management majority at the agency is confirmed, which may not happen as soon as we once thought. On Aug. 11, the U.S. Court of Appeals for the D.C. Circuit affirmed an NLRB decision against Rhino Northwest LLC that found a small, discrete segment of that company’s workers could be properly certified as a bargaining unit….

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