Archives: NLRB

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DOL Nominee Puzder To Withdraw?

Andrew Puzder, President-elect Trump’s choice to head the Department of Labor, may ask that his nomination be withdrawn, according to reports in New York magazine and Politico, quoting a Republican source close to the Trump transition team.  Puzder has disputed the story, tweeting on Monday “I am looking forward to my hearing,” which will take … Continue Reading

NLRB Joins Other Federal Agencies in Combatting Retaliation

Several federal agencies have joined forces to release a joint Fact Sheet highlighting the various anti-retaliation provisions of the workplace laws these agencies enforce. “Retaliation Based on the Exercise of Workplace Rights is Unlawful” is a collaborative effort of the National Labor Relations Board, the Wage and Hour Division of the U.S. Department of Labor, … Continue Reading

Supreme Court to Review Validity of Class Action Waivers in Employment Arbitration Agreements

The U.S. Supreme Court has agreed to decide whether class action waivers in employment arbitration agreements violate the National Labor Relations Act. The Supreme Court’s action promises the much-anticipated resolution of the circuit court split on the issue.  The Court on January 13, 2017, granted certiorari in National Labor Relations Board v. Murphy Oil USA … Continue Reading

Federal Court Paves Way for Local ‘Right to Work’ Laws

Local governments may enact “right to work” laws, the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, has held. United Auto Workers v. Hardin County, No. 16-5246 (Nov. 18, 2016). The Court ruled that such a law is not preempted by the National Labor Relations Act. This is the first federal appellate court … Continue Reading

Puzder Hearing Set for January 12

According to a report in Politico, an aide to Sen. Lamar Alexander (R. Tenn.), Chairman of the Senate Health, Education, Labor and Pension (HELP) Committee, has revealed that the confirmation hearing for Andrew Puzder, President-Elect Donald Trump’s nominee for Secretary of the Department of Labor, will be held on January 12. Puzder is Chief Executive … Continue Reading

New Political Landscape Calls for Substantial Budget Cuts, SEIU President Says

Service Employees International Union, the nation’s second-largest labor union behind the National Education Association, will cut its budget by 30%, according to a December 14 internal union memo first reported by Bloomberg on December 27. A 10% cut will take place immediately; the cuts will reach 30% by the end of 2017. In the memo … Continue Reading

USDOL Secretary Nominee Puzder Hearing Set For January

United States Senator Lamar Alexander (R-Tenn.) has announced that the Senate Health, Education, Labor & Pensions (HELP) committee, which he chairs, will hold a hearing on Secretary of Labor nominee Andrew Puzder’s nomination in January when the 115th Congress convenes. Senator Alexander has praised Mr. Puzder’s “understanding of how excessive regulation can destroy jobs and … Continue Reading

Peter Kirsanow Possible Trump Choice for NLRB

Add the name Peter Kirsanow, a conservative Republican management-side labor lawyer practicing in Cleveland, Ohio, who was a member of the NLRB under President Bush through a recess appointment from January 4, 2006 to December 31, 2007, to the list of possible nominees by President-elect Trump to fill the two vacancies on the five-member National Labor … Continue Reading

Voter List Delivered Directly to Union From Employer or Election Set Aside, NLRB Decides

Service of the voter list on the union by the employer is mandatory and the failure to serve it will result in setting aside an employer’s election victory when a timely objection is filed by the union, the National Labor Relations Board has decided. URS Federal Services, Inc., 365 NLRB No. 1 (Dec. 8, 2016). … Continue Reading

Reject Offensive Language in Charges and Petitions, NLRB General Counsel Says

Do not docket unfair labor practice charges or election petitions that contain “blatantly false and demeaning language or epithets” or “offensive language,” the National Labor Relations Board’s Division of Operations-Management has instructed its regional offices. In Memorandum OM 17-05, Non-Docketing of Facially Inappropriate Charge or Petition Forms, Beth Tursell, Associate to the NLRB’s General Counsel, … Continue Reading

Puzder Chosen to Head DOL: Many Changes Expected

President-elect Donald Trump has announced his intention to nominate Andrew Puzder, Chief Executive Officer of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s, to head the U.S. Department of Labor. Puzder has criticized state and local minimum wage increases, the Affordable Care Act (ACA), and government overregulation, among other things. If Puzder is … Continue Reading

NLRB Signals More Trouble Ahead For Employers That Misclassify Employees

For a variety of reasons, employers may prefer to treat those who provide services to them as independent contractors rather than employees. However, when employers exercise a sufficient level of control over the ostensible independent contractors (as outlined in various “factor” tests), they may be considered employees under the law. If that happens, employers can … Continue Reading

Non-Union, Specialty Lights Maker Must Return Work from Mexico, Federal Appeals Court Rules

The NLRB properly found a non-union employer unlawfully retaliated against striking employees and violated the National Labor Relations Act by transferring work from Illinois to Mexico, the federal appeals court in Chicago has ruled. Amglo Kemlite Labs., Inc. v. NLRB, 2016 U.S. App. LEXIS 15100 (7th Cir. Aug. 17, 2016). The Court enforced the Board’s … Continue Reading

SEIU Counters Own Employees’ Unionization Efforts

In a real-life “what’s good for the goose isn’t good for the gander” story, the Service Employees International Union is countering a unionization effort involving some of its own employees. According to an editorial in the September 2, 2016, The Wall Street Journal, the employees whom the SEIU has hired to protest outside businesses and … Continue Reading

Overruling Brown University, NLRB Finds Private College And University Student Assistants Are Employees Under the NLRA

The National Labor Relations Board today decided that student assistants working at private colleges and universities are statutory employees covered by the National Labor Relations Act. Columbia University, 364 NLRB No. 90 (August 23, 2016). The 3-1 decision reversed Brown University, 342 NLRB 483 (2004). We will have a detailed analysis of this landmark decision … Continue Reading

NLRB: Failure to Bargain Over Non-Compete Agreement Violated NLRA, But Confidentiality Provision Lawful (Surprise!)

A company’s requirement that new employees represented by a union sign a non-compete and confidentiality agreement (NCCA) as a condition of employment violated the National Labor Relations Act because the NCCA is a mandatory subject of bargaining that could not be unilaterally implemented, the NLRB has held. Minteq International, Inc., 364 NLRB No. 63 (July 29, … Continue Reading

Sour Note – Musicians Are Employees, Not Independent Contractors, NLRB Tells Theater Company

A Regional Director of the National Labor Relations Board has ruled that a group of musicians were statutory employees under the National Labor Relations Act and, therefore, entitled to vote in an NLRB-conducted union representation election. In the Matter of Fiddlehead Theatre Company, Inc. and Boston Musicians Association et al., Case Number 01-RC-179597 (July 26, … Continue Reading

Overruling Precedent, Board Finds Violation May Be Established Without Specific Unfair Labor Practice Complaint Allegation

In a decision having far-reaching implications, a National Labor Relations Board panel  consisting of Chairman Mark Gaston Pierce and Members Kent Hirozawa and Lauren McFerran, (Member Miscimarra dissented) has overruled almost 10 years of NLRB precedent, deciding  that a violation of the National Labor Relations Act could be found based on an employer’s failure to … Continue Reading

Labor Unions Use Technology to Grow and Maintain Membership

Labor unions today are “tech” savvy, using mobile app and other technology to grow and maintain their memberships. According to a report in the Bloomberg Bureau of National Affairs Daily Labor Report (136 DLR C-1 July 18, 2016), a number of labor unions, including the International Association of Machinists, Communication Workers of America, and Service … Continue Reading

Ham-Handed Tactic? NLRB Says Union Giveaway Not Grounds for Setting Aside Election Victory

A union’s gift of free hams on the eve of an NLRB-conducted election did not influence the outcome, a union victory, the National Labor Relations Board has determined. Nuverra Environmental Solutions, Inc., 08-CA-164447 (July 8, 2016). The union had distributed holiday hams to eligible voters five or six days prior to the election. After the … Continue Reading

NLRB Overrules Precedent, Holds Bargaining Units Combining Jointly- and Solely-Employed Employees Okay Without Consent

The National Labor Relations Board has decided that bargaining units combining employees who are jointly employed by a user employer and supplier employer and solely employed by the user employer do not require the consent of either employer. In so doing, the NLRB overturned its 2004 decision in Oakwood Care Center, 343 NLRB 659. Miller … Continue Reading

Court Repudiates NLRB’s Award of Attorney’s Fees and Expenses for Their ‘Deterrent Effect’

The United States Circuit Court of Appeals for the District of Columbia has determined that the National Labor Relations Board lacks inherent power and the authority under Section 10(c) of the National Labor Relations Act to order an award of attorneys’ fees and litigation expenses to itself and a labor union. The Board found that … Continue Reading
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