Tag Archives: Union Representation

Bills in Congress Would Short-Cut ‘Quickie Election Rule,’ ‘Micro-Unit’ Reversals

With the recent confirmation of Marvin Kaplan to the National Labor Relations Board, the Obama (pro-union) Board is officially transitioning into a Trump (pro-business) Board. With that, Republicans hope, will come a change in the Board’s jurisprudence with respect to labor-friendly rulings by the Obama Board. At the top of the “wish list for reversal” … Continue Reading

Labor Law Lessons from Our Favorite Films: Dirty Dancing (Weingarten Rights – Nobody Puts Weingarten In The Corner)

As noted in our previous post about Dirty Dancing, as part of its investigation into thefts of guests’ property, the resort owner interviewed staff dance instructor, Johnny Castle (Johnny denies involvement in the burglaries), to determine whether he had an alibi for the evening when Moe Pressman’s wallet was stolen. We now know that Castle responded … 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

Federal Court Washes Away New York City’s Pro-Union Ordinance

A New York City ordinance requiring car wash companies to post a higher surety bond if they do not sign a union bargaining agreement covering their employees is invalid because it unlawfully favors unionization, and therefore runs afoul of the National Labor Relations Act, a federal district court judge has ruled on May 26, 2017. … 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

In Fastest Elections, Union Victory Rate Soars

Unions fare better in the quickest elections under the National Labor Relations Board’s April 2015 “quickie” election rules, according to a Bloomberg BNA report. Unions have continued to win elections about 67 percent of the time overall since the implementation of the rules, according to the report. However, two years after the rules went into … 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

Fuzzy Math May Be Basis For Labor Secretary’s Claim That Union Workers Earn More, Analysis Asserts

“Join the union, and you’ll make more money!” It’s a common refrain for unions trying to sell employees on the virtues of union representation. And now, Labor Secretary Thomas Perez has joined the chorus, authoring a blog post entitled, “Stronger Together: Your Voice in the Workplace Matters,” in which he claims that workers represented by … Continue Reading

Americans Divided On Decline in Union Membership, According to Opinion Poll

A new poll finds that Americans have mixed views on unions and the impact the decline in union membership has had on workers. On April 27, 2015, the Pew Research Center, described as “a nonpartisan fact tank that informs the public about the issues, attitudes and trends shaping America and the world,” released results of … Continue Reading

Unions Winning More Elections, but Facing Diminishing Returns

According to a Bloomberg BNA report, unions won more representation elections, with a higher win rate, in initial NLRB-monitored representation elections in the first half of 2014 compared to the same period in 2013, but the number of newly organized employees fell drastically, and unions have been losing decertification elections more often. Unions won 8.6 … Continue Reading

AFL-CIO Membership Stats Mostly Flat or Declining

The AFL-CIO’s membership numbers were stagnant in 2013, despite the fact the union added more than one million members.  According to a “Membership Report” prepared by AFL-CIO, almost all of that increase was attributable to the 2013 re-affiliation of the United Food and Commercial Workers Union with the AFL-CIO.  [The UFCW left the AFL-CIO in … Continue Reading

Labor Union Membership Not Immune to Job Losses

Many of the nation’s largest unions lost significant membership in 2012, according to annual financial disclosure reports filed with the U.S. Department of Labor, Bloomberg/BNA’s Daily Labor Report has reported. The 2012 reports show the following: Membership Losses Among Ten Largest U.S. Unions  Union Membership Decline Change National Education Association (NEA) 99,175 to 3.1 million -3% International … Continue Reading

Collectively Bargained Wage Increases Rise, but Remain Below Former Levels

One of the functions of experienced collective bargaining agreement negotiators and human resources professionals in unionized and union-free companies is to keep abreast of the labor market conditions locally and within his or her client’s industry. In unionized companies, having this information will assist these individuals in recommending a considered course of action at the … 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

Back to the 20th Century?

The President Barack Obama spoke at a recent meeting of the AFL-CIO and after prepared remarks, he responded to a question from AFL-CIO President Richard Trumka. The nub of the exchange was that the President would advise employees to join a union, just as President Franklin Roosevelt did back in the 1930s. Is that what … Continue Reading

Labor’s Reform Agenda Continues to Expand at NMB Hearings – Connect the Dots

This week’s National Mediation Board (NMB) hearings gave us another example of the Administration’s ongoing efforts to further Labor’s agenda and make it significantly easier for unions to organize. In an effort to reverse 75 years of experience in conducting union elections under the Railway Labor Act (RLA), the new Obama-appointed NMB member, with a … 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

Agency’s Pro-Labor Approach to Spread?

The announcement by the National Mediation Board (NMB) on November 3 of a proposed reinterpretation of the Railway Labor Act (RLA) to make it easier for unions to organize may be a harbinger for EFCA, as well. Rather than ask Congress to amend the 75-year-old RLA or follow normal rulemaking procedures, the new, two-person pro-labor … Continue Reading

New NMB Proposal to Make it Easier to Organize

  "EFCA" is not just an abbreviation for the Employee Free Choice Act. In a larger sense, it stands for a dramatic shift in our nation’s labor relations policy that the Obama Administration has begun implementing. The most recent example of this shift is the proposed change in the procedure for selecting union representation under … Continue Reading
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