Monthly Archives: June 2016

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Court Halts Labor Department’s New Persuader Rule

The U.S. District Court for the Northern District of Texas, Lubbock Division, has issued a nationwide preliminary injunction against the U.S. Department of Labor’s “persuader” rule promulgated under the Labor-Management Reporting and Disclosure Act. National Federation of Independent Business, et al. v. Perez, Civil Action No. 5:16-cv-00066-C (N.D. Tex. June 27, 2016). Unless the ruling … Continue Reading

No Supreme Court Rehearing in Case on Public Sector Unions’ Right to Charge Mandatory Union Fees

The United States Supreme Court has refused to rehear Friedrichs v. California Teachers Association et al., in which the Court had issued a 4-4 opinion in April. Friedrichs v. California Teachers Association, No. 14-915 (Mar. 29, 2016). Friedrichs  sought to overrule, on First Amendment grounds, Abood v. Detroit Board of Education, a 1977 Supreme Court … Continue Reading

Minnesota Court Rules in Persuader Lawsuit, Finds “Strong Likelihood” of Success on the Merits, But Rule Remains Effective July 1

The U.S. District Court for the District of Minnesota today ruled in Labnet Inc. d/b/a Worklaw Network, et al v. United States Department of Labor, et al, that the plaintiffs have a strong likelihood of success on the merits of their lawsuit challenging the DOL’s new “persuader” rule, but refused to stay or enjoin the rule. Therefore, for now, … Continue Reading

Another Court of Appeals Upholds NLRB’s ‘Micro-Unit’ Policy for Union Elections

The Fifth Circuit Court of Appeals, in New Orleans, is the latest circuit court to uphold the National Labor Relations Board’s restrictive “micro-unit” approach to voting units in NLRB elections adopted in Specialty Healthcare, 357 NLRB No. 83 (2011). Macy’s Inc. v. NLRB, No. 15-60022 (5th Cir. June 2, 2016). In Specialty Healthcare, the NLRB … Continue Reading
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