Tag Archives: Labor

Unions Winning More Elections, But Organizing Fewer New Workers

Unions won 72% of all representation elections conducted by the National Labor Relations Board in 2016, and 74% when the election involved a small unit of 49 workers or less, according to a Bloomberg BNA report based on NLRB data. These percentages are a four-year high for unions. At the same time, fewer workers were … Continue Reading

DOL Nominee Puzder’s Hearing Rescheduled

The confirmation hearing for Andrew Puzder, President-elect Trump’s nominee for Secretary of Labor, has been postponed from January 12 to the week of January 16, according to a report in Politico. The hearing will take place before the Senate Health, Education, Labor and Pensions (HELP) Committee. The Committee is chaired by Senator Lamar Alexander (R-Tenn.).… Continue Reading

Federal Agencies to Cooperate to Increase Prosecutions for Immigration Related Unfair Employment Practices and Unfair Labor Practice Charges

The United States Department of Justice announced on July 8, 2013 that its Civil Rights Division’s Office of Special Counsel for Immigration – Related Unfair Employment Practices (OSC) has entered into a Memorandum of Understanding (MOU) with the National Labor Relations Board that will allow both agencies to share information, to refer matters to each … Continue Reading

New NLRB Posting Requirement Effective November 14

The NLRB has advised the public that all employers covered by the National Labor Relations Act (generally all private sector employers) will be required to post a notification of employees’ rights by November 14, 2011. The Board’s August 25th press release, which contains links to the Final Rule and additional information, is reprinted below. The … Continue Reading

NLRB Acting General Counsel Focuses on Board Arbitration Deferral

Under its current arbitration deferral policy, the National Labor Relations Board, to encourage collectively bargained dispute resolution, would defer a final determination in certain unfair labor practice (“ULP”) charges when the grievance can be processed through the parties’ grievance or arbitration provisions under their collective bargaining agreement (“CBA”).  The Board’s Acting General Counsel has urged … Continue Reading

NLRB Threatens Litigation against States Requiring Secret Ballot Vote in Union Organizing

The National Labor Relations Board’s union-boosting has taken a new and troubling turn…repudiating the will of voters who would make unions show by secret ballot that they really represent employees. The NLRB has threatened four states, whose voters passed initiatives last year barring employers from recognizing unions except following a secret ballot election, with lawsuits … Continue Reading

DOL-Private Bar Collaboration for Workers with Employment Complaints

As if proliferating collective actions, class actions and Department of Labor investigations and enforcement actions for wage-hour and Family and Medical Leave Act violations weren’t enough, American businesses may now face even more legal challenges from employees.  The 400,000-member American Bar Association has agreed to partner with the U.S. Department of Labor to establish an … Continue Reading

New NLRB General Counsel Nips at Employers’ Heels Without EFCA

Having argued for the need to address through federal court injunctions alleged employer misconduct that can “nip union organizing conduct in the bud” (see NLRB to Weigh Injunctions Routinely for Unlawful Discharges in Organizing Campaigns, Plans Acting GC) — in particular, firing employee organizers and activists — the General Counsel now wants to accord the … Continue Reading

Changing the NLRA to a Punitive Statute – Without EFCA

Adding to the troubles employers are beginning to face with the new National Labor Relations Board is a report that the agency’s General Counsel (GC) has some new ideas to ratchet up employers’ costs of litigation, and even settlement.  The GC, the Board’s chief prosecutor, professes fears that victims of alleged discrimination on account of … Continue Reading

NLRB to Reconsider Decertification Bar Rule

Jackson Lewis has filed a “friend-of–the-court” brief on behalf of the U.S. Chamber of Commerce, urging the National Labor Relations Board to adhere to its three-year-old decision in Dana Corporation, 351 NLRB 434 (2007) (originally known as Dana/Metaldyne).  That decision allows employees to test immediately through a decertification petition and Board-conducted election their employer’s extension … Continue Reading

NLRB Electronic Posting Decision Assumes Too Much

In J&R Flooring, Inc., dba J. Picini Flooring, 356 NLRB No. 9 (Oct. 22, 2010), the “full” four-member National Labor Relations Board held, “[E]mployers and unions that are found to have violated the Act should be required to distribute remedial notices electronically, such as by e-mail and/or posting on an intranet or the internet, in … Continue Reading

Is Less Time from Petition to Election a Good Idea?

  It was only a matter of time before Big Labor started to get from the Labor Board what it has been after all along. Failing to achieve compulsory unionism through enactment of the Employee Free Choice Act, unions appear to be relying on the NLRB appointees they supported to achieve the same goals administratively. … Continue Reading

Cuba and the United States

  Cuba is going to lay off 500,000 state workers between now and March 2011. According to the Cuban Workers Federation, the only union in the country, the cause of the job displacement is clear: "Our state can’t keep maintaining…bloated payrolls." Similarly, the public sector unions in the United States representing a significant number of … Continue Reading

What’s the Deal with Marijuana and Unions?

  Membership in unions is on the decline. The Bureau of Labor Statistics reports that the number of unionized workers dropped by 771,000 in 2009, largely reflecting the overall drop in employment due to the recession. With hopes for the passing of the Employee Free Choice Act on the wane, unions have to look elsewhere … Continue Reading

Board Begins Review of Cases in Light of New Process Steel Remands

The National Labor Relations Board was told by the U.S. Supreme Court in June that it had lacked authority to issue hundreds of decisions and orders from January 2008 through April 2010 with only two members in office.  At the time of the High Court’s ruling in New Process Steel, L.P. v NLRB, 130 S.Ct. … Continue Reading

“Full House” (For Now) at the Labor Board

The U.S. Senate has unanimously confirmed both Mark Gaston Pearce and Brian Hayes to serve as members of the National Labor Relations Board.  This brings the membership at the Board from four to five for the first time since 2007.    Mr. Pearce has already been serving as a member of the NLRB since April … Continue Reading

Lafe Solomon Appointed to Acting General Counsel at the NLRB

The National Labor Relations Board (NLRB) announced on June 20, 2010, that Lafe Solomon was tapped to serve as the NLRB’s Acting General Counsel.  The General Counsel, as “gatekeeper” of cases at the NLRB, is responsible for the investigation and prosecution of unfair labor practice cases.  Mr. Solomon began his career with the NLRB 38 … Continue Reading

EFCA’s Obituary

EFCA’s death took place last week in Arkansas. Exactly 10,407 voters killed it — the margin of victory incumbent Blanche Lincoln gained over union-backed Bill Halter in Arkansas’s Democratic primary for the U.S. Senate. Lincoln early on expressed serious concerns over EFCA. Labor decided to defeat her (to make an example of her) by spending $10 million … Continue Reading

NLRB Explores Electronic Voting

“If it ain’t broke, don’t fix it,” says the old adage.  So why is the National Labor Relations Board thinking of “tampering” with its time-tested booth-and-ballot box voting procedure for holding union representation elections?  No one is complaining about the current method.  Unions certainly should not; they have been winning a sizable and growing share … Continue Reading

SEIU Healthcare Florida Set to Enter Into “Partnership for Power” with 1199SEIU

On June 15, 2010, SEIU Healthcare Florida members will have the chance to vote in a secret ballot election to determine whether to merge with 1199SEIU United Healthcare Workers East in what the unions are calling a “Partnership for Power.”  With more than 350,000 members, 1199SEIU is already the largest healthcare workers’ local in the … Continue Reading

New SEIU President May Not Be Andy Stern’s Pick

According to Politico, it appears that Andy Stern’s selected successor for SEIU President, Anna Burger, may lose to rival Mary Kay Henry. It is interesting that a union that often speaks about “democracy” and “voice” is engaged in quiet deals to “elect” its new leader based upon the “voice of membership.” Ironically, Mr. Stern, the great … Continue Reading

The NLRB in Transition – Whither Board Law?

The Chairman’s statement could signal slower change than forecast – but don’t bank on it For the first time in more than two years, the Board has clear quorum.  The question now turns to how the agency will exercise its authority. This is an issue of no small concern.  For an agency that is supposed … Continue Reading

President Poised to Place Becker and Others on NLRB with Recess Appointments

Secretary of Labor Hilda Solis’s comment at the AFL-CIO annual meeting on March 3rd confirms speculations that, with or without the resolution of health care legislation, President Obama will announce the appointment of Craig Becker to the National Labor Relations Board when Congress breaks for its two-week Easter recess, beginning March 29. While this “recess appointment” … Continue Reading
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