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BT Labor Relations - Current News and Practical Analysis
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26 Jan 2018 Kentucky’s Right-to-Work Law Upheld by Court

  A Kentucky state court judge has granted a motion to dismiss a lawsuit brought by Teamsters’ Local 89 from Louisville, which claimed that Kentucky’s new Right-to-Work Act constituted a “taking” by the state in violation of the Kentucky Constitution.   The state’s constitution prohibits the state from “taking … private property for public use without compensation.” The Teamsters argued that the new law constituted a “taking” because it allowed “freeloaders” to have the benefit…

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12 Dec 2017 And So It Begins…Trump NLRB Overturns Obama NLRB Precedent for First Time

  On Dec. 11, the newly constituted National Labor Relations Board (NLRB) – which has a 3-2 pro-employer majority for the first time in nearly a decade due to appointments made by President Trump – overruled, for the first time, Obama-era precedent. Specifically, in a case involving the University of Pittsburgh Medical Center (UPMC), the NLRB overruled Obama-board precedent that made it more difficult for employers to resolve unfair labor practice complaints.   The NLRB released…

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20 Nov 2017 Unions Struggling to Negotiate Wage Increases on Par With 2016

  A collection of 590 union contracts negotiated in September and October reveals that on average, unions have been unable to obtain pay hikes at the levels they did last year. In 2016, the average first-year increase negotiated by unions was 2.8 percent. However, the most recent contracts from this year reveal an average first-year increase of only 2.5 percent. The data on these recent contracts show that private sector non-manufacturing unions have struggled more…

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16 Oct 2017 Survey Says: Incentive-Based Pay Systems Provide Higher Compensation Than Time-Based Models

  Anyone who has engaged in collective bargaining knows that, generally, unions throw their arms up at any proposal dealing with incentive-based pay versus time-based pay systems. Their rationale can range from distrust to unfounded beliefs that incentive-based pay somehow detracts from seniority. However, new data published by the Bureau of Labor Statistics (BLS) – a government entity that tracks labor data in the U.S. – gives some nice bargaining ammunition to employers looking to…

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21 Jun 2017 Untangling the Web? Senator Introduces Bill to Reverse Obama-Era Ambush Union Election Rules

  During President Obama’s two terms in office, the National Labor Relations Board (NLRB) issued a slew of game-changing decisions and rules affecting labor-management relations in the U.S. Perhaps none more so than the “ambush election rules” that took effect in April 2015. Those rules dramatically shortened the time an employer has to campaign against a union prior to an election in its workplace, among other things, and they continue to make headlines.   On…

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13 Jun 2017 ‘BIG Little Lies’: Employer’s Inconsistent Practice Invalidates Employee Termination for Dishonesty, Says NLRB

  A little white lie never hurt anyone, right? That age-old saying appears to be false, at least when it comes to a recent ruling by the National Labor Relations Board (NLRB). On June 9, the NLRB issued its decision in Cellco Partnership, 365 NLRB No. 93 (2017), which found that an employer unlawfully discharged an employee for dishonesty because the employer had handled terminations for lying inconsistently.   In the case, employee Bianca Cunningham,…

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24 May 2017 It Could Be. It Might Be. IT IS! DOL’s Persuader Rule To Be GONE!

  Media outlets are reporting that the Department of Labor (DOL) officially is moving to drop its “persuader rule” that would have imposed significant reporting requirements on companies and consultants related to union-avoidance efforts.   On May 22, the DOL formally proposed to revoke the controversial rule. The rule has been tied up in litigation for months, and a challenge currently is pending in the Fifth Circuit Court of Appeals. The DOL’s move to rescind the…

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21 Apr 2017 Union Body Count and Big Spending

  Last year, some of the country’s biggest unions continue to hemorrhage membership, while others spent big dollars on organizing for modest gains in membership. In 2016, the union membership body count was not insignificant. According to LM-2 filings:   Steelworkers lost 20,000 members United Food and Commercial Workers (UFCW) lost nearly 14,000 members Teamsters lost almost 5,800 members Machinists lost nearly 5,500 members   This continues a trend seen over the last decades. The…

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07 Apr 2017 A Dancer With an Attitude? Fired Vegas Show Dancer Pursues Workers’ Rights

  Many of my recent posts have focused on what I am dubbing the “new” unions. From Uber drivers to college athletes, the collection of workforces seeking to unionize and assert labor rights is growing more and more diverse (in spite of – or maybe as a result of – the shrinking number of unionized workers overall).   While scrolling through cases in search of such examples, I quickly stumbled on David Saxe Productions LLC…

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16 Mar 2017 Sixth Circuit Refuses to Vacate; Lets Local Municipal Right-To-Work Decision Stand

  Following up on our post from earlier this week, on March 15, the U.S. Court of Appeals for the Sixth Circuit has refused to vacate its ruling in Autoworkers Local 3047 v. Hardin County, a Kentucky case. In doing so, the court allows to stand its ruling that municipalities can pass enforceable right-to-work provisions. The unions wanted the decision vacated as moot based on the state of Kentucky adopting right-to-work legislation, thereby making it…

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