Tag Archives: Organized Labor

Labor Law Lessons from Our Favorite Films: Dirty Dancing

There are films with clear labor law undertones, such as On The Waterfront and Norma Rae. The National Labor Relations Act and its teachings, however, lurk in other pop culture examples. Thirty years ago, the romantic drama, Dirty Dancing premiered. The plot centers around the relationship between Baby (Frances) Housman (coincidentally, named after the first … Continue Reading

Breaking News: NLRB Chairman Miscimarra Declines Second Term

Reportedly citing personal reasons, National Labor Relations Board Chairman Philip Miscimarra has declined consideration for a second term on the Board. Miscimarra’s term expires on December 16, 2017, and the Board is facing a slashed budget. Miscimarra, seen as pro-business, has become known for his numerous strong dissents in opposition to labor-friendly decisions by the … Continue Reading

Management Labor Attorney Being Considered for NLRB General Counsel Nomination

Peter B. Robb, a management-side labor law attorney, reportedly is being considered to be the National Labor Relations Board’s next General Counsel. The four-year term for the current NLRB General Counsel, Democrat Richard F. Griffin, Jr., expires this November. Robb previously worked as an NLRB field attorney and as chief counsel to Republican NLRB Member … Continue Reading

Missouri Law Prohibits Costly Public Project Labor Agreements

On May 30, 2017, Missouri Governor Eric Greitens signed legislation generally barring public entities from requiring job-specific union contracts called “project labor agreements” on public construction projects.   The legislation, effective August 28, 2017, prohibits public entities from requiring contractors to enter into project labor agreements and from discriminating against, encouraging, or giving preferential treatment to … Continue Reading

A Union Has Filed A Petition To Represent Your Employees: Make A List And Check It Twice!

Several deficiencies in a voter eligibility list justified rerunning an election that the employer had won, the NLRB has held, 2-1 (Chairman Philip Miscimarra dissenting in part). RHCG Safety Corp., 365 NLRB No. 88 (June 7, 2017). The Board found that more than 90% of the voters’ addresses on the list provided by the employer … Continue Reading

NLRB’s Budget Slashed: What Could It Mean To Your Business?

President Donald Trump has released a budget proposal reducing the National Labor Relations Board’s funding in fiscal year 2018 by nearly six percent. It also calls for significant staff reductions at a time when the agency’s caseload is projected to increase. Under the proposal, the Board’s funding would be reduced by $16 million, from $274 … Continue Reading

Labor Board Allows Evidence to Explain Employee Handbook Ban on Video Recording

The National Labor Relations Board has denied a motion for summary judgment by the NLRB’s General Counsel in a case involving Mercedes-Benz U.S. International Inc.’s maintenance of an employee handbook rule prohibiting the use of cameras and video recording devices without prior approval. The 2-1 decision allows MBUSI to attempt to prove that: (1) the … Continue Reading

Spending Bill Leaves NLRB Budget Unchanged From 2016, Nixes Electronic Voting

The National Labor Relations Board’s wish that its budget for fiscal year 2017 be increased over its FY 2016 budget apparently will not be granted. According to Politico, at $274.2 million, Congress has left the NLRB’s budget unchanged from FY 2016. This is despite NLRB General Counsel Richard Griffin’s view, stated in a March 10, … Continue Reading

Senate Approves Acosta To Head DOL

Alexander Acosta was confirmed on Thursday to serve as President Donald J. Trump’s Secretary of Labor.  Acosta was approved by a vote of 60-38, according to Employment Law360. Acosta has held several government positions, having been an NLRB Member, head of the Department of Justice’s Civil Rights Division, and United States Attorney in South Florida.  Most recently, … Continue Reading

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

NLRB’s New Joint Employer Standard Receives Chilly Reception During Court of Appeals Hearing

The National Labor Relations Board’s new, expanded “joint employer” standard faced sharp criticism during oral argument at the United States Court of Appeals for the District of Columbia Circuit. In Browning-Ferris, the Board created a broad new standard for determining whether two entities are joint employers. The case involved Browning Ferris Industries of California, Inc. … Continue Reading

Short List of Possible Trump NLRB Candidates Reported

President Donald J. Trump has narrowed his list of candidates to fill the two open seats on the five-member National Labor Relations Board to Marvin Kaplan, William Emanuel, and Douglas Seaton, according to Bloomberg BNA. Emanuel and Seaton are labor attorneys and Kaplan is counsel to the Commissioner of the Occupational Safety and Health Review … 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

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

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

A Month is a Lifetime

Some years ago, a seasoned observer of the Washington scene commented to me, “A month is a lifetime in D.C.” I was reminded of this truism last week when Scott Brown was elected.  The “EFCA is coming” crowd finally breathed again for the first time in months. Even IAM President Buffenbarger had said EFCA was a “dead … Continue Reading

Report Reveals Flaws in Union Studies

Labor advocates often refer to recent union “studies” as support for labor law reform. These, as it turns out, “lack sufficient credibility and analytical vigor” to support their conclusions. This revelation is made in a newly-released White Paper, Responding to Union Rhetoric: The Reality of the American Workplace, published by the U.S. Chamber of Commerce.  The Chamber … Continue Reading

Former SEIU Organizer Alleges Coercive and Fraudulent Misconduct at Union Election

In an op-ed article published in The Wall Street Journal, Matthew Kaminski related the latest development in the schism between Andy Stern’s Service Employees International Union (SEIU) affiliate United Healthcare Workers (UHW) and Sal Rosselli’s National Union of Healthcare Workers (NUHW).  Mr. Kaminski discussed accusations that SEIU threatened workers with deportation and tampered with secret … Continue Reading

Semantics… Alive and Well at SEIU

  Yesterday, LaborUnionReport.com posted an article about a “leaked” internal document, “Language Tips on Employee Free Choice,” from the Service Employees International Union (SEIU). The document shines a light on some of the machinations the SEIU intends to use to make up for the weakness seen in its arguments for the passage of EFCA … … Continue Reading

The White House: Labor Leaders’ “Home Away From Home”

  Last week we told you that “Organized Labor certainly has the ‘ear’ of this Administration.”  We didn’t know how right we were. On Friday, the Obama Administration published a partial list of visitors who have visited the White House.  Andy Stern, President of Service Employees International Union (SEIU), visited 22 times, more than any … Continue Reading
LexBlog