Tag Archives: Unions and Organizing

NLRB Denies Petitions to Revoke Subpoenas Based on Mere Allegation of Joint Employer Status

The National Labor Relations Board has denied petitions to revoke subpoenas that were issued by an NLRB Regional Director to two companies seeking information about a possible joint employer relationship between the two employers. The subpoenas arose out of the investigation of several unfair labor practice charges filed by a union against the companies, alleging … 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

House Bill Spotlights Paid Union Activities By Federal Employees

A House bill would require federal agencies to report annually on the amount of “official time” (i.e., taxpayer-paid time) that federal employees spend on union activities rather than working at their regular job duties. H.R. 1293 (the “Official Time Reform Act of 2017”) was introduced by Rep. David Ross (R-Fla.) on March 1, 2017, and … 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

R. Alexander Acosta Picked to Head Department of Labor

President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination. Acosta, currently the Dean of Florida International University’s law school, is the son of Cuban immigrants. If confirmed, Acosta would be the … Continue Reading

DOL Nominee’s Confirmation Hearing To Take Place Next Week

The confirmation hearing for Secretary of Labor-nominee Andrew Puzder before the Senate Health, Education, Labor and Pensions (HELP) committee will take place on February 16, according to Politico. The hearing has been delayed four times. The last one, scheduled for February 7, was put off “indefinitely” because the HELP committee had not received the required … Continue Reading

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded. Accordingly, he explained, the players have all of the rights and protections available to employees under the Act. Click here to read the full … 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 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

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

2013 Union Membership Holds Steady as Private Sector Growth Offsets Public Sector Decline

The Bureau of Labor Statistics reports the nation’s overall union membership rate remained the same in 2013, at 11.3 percent of the labor force, but for the first time in five years, there are more union members in the private sector than in government. The public sector union membership rate fell to 35.3 percent from … Continue Reading

Fast Food Strikes Grab Headlines, But Can They Reach Supersize?

The latest congeries of quickie strikes at fast food restaurants — one day (or one shift) affairs in most cases — were staged to maximize publicity for the nascent fast food organizing movement.  Lots of press, some strong optics, and eleven p.m. news sound bites, but the organizers ended up with only a kid’s-meal sized … Continue Reading

Federal Appeals Court Upholds NLRB’s ‘Micro-unit’ Rule

A U.S. appeals court in Cincinnati has upheld the National Labor Relations Board’s decision in Specialty Healthcare and Rehabilitation Center, 357 NLRB No. 83 (2011), allowing unions to organize in small units of employees, where their likelihood of success is heightened. Kindred Nursing Centers East f/k/a Specialty Healthcare and Rehabilitation Center of Mobile v. NLRB, … Continue Reading

United Food and Commercial Workers Union Likely to Rejoin AFL-CIO

It appears the Change to Win Federation (CTW), labor’s ambitious effort to revive the American labor movement, may be on its death bed.  The United Food and Commercial Workers Union (UFCW), one of the founding members of CTW, is about to follow UNITE-HERE, the United Brotherhood of Carpenters (UBC), and the Laborers’ International Union of … Continue Reading

L.A. County Must Provide Non-Union Employees’ Home Addresses, Phone Numbers to Union, California Supreme Court Rules

In a decision of significance for public and private employers, the California Supreme Court has ruled Los Angeles County must provide the union representing its employees under an “agency shop” agreement with the home addresses and telephone numbers of all county employees, including non-union employees. Employers may be interested in a recent post on the … 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

OSHA Invites Union and Community Organizers into Non-Union Worksites

Organized labor may be very pleased with the Occupational Safety and Health Administration these days because of a recent Agency interpretation  that a non-union employee may select a non-employee who is “affiliated with a union” or with a “community organization” to act as his representative during an OSHA inspection of his employer’s worksite.  The interpretation … 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

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
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