Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act by wrongfully terminating a union employee for calling the owner a derogatory term during negotiations. Cadillac of Naperville, Inc., 371
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Labor Board Orders Business to Reopen; D.C. Circuit Says Not So Fast
The NLRB has the authority to order an employer to reopen a business it finds was closed for discriminatorily anti-union reasons. In RAV Truck & Trailer Repairs, Inc., 369 NLRB No. 36 (Mar. 3, 2020), the NLRB did just that. However, upon review, the D.C. Circuit held that it “cannot decipher how the Board…
NLRB Finds Aggressive Bargaining Proposals Not Unlawful
An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor Relations Board (NLRB). District Hospital Partners, L.P. d/b/a The George Washington University Hosp., 370 NLRB No. 118 (Apr. 30, 2021). While the…
NLRB Temporarily Changes Standard Notice-Posting Remedy during COVID-19 Pandemic
The National Labor Relations Board (NLRB) is beginning to address procedural disruptions arising due to the COVID-19 pandemic. On May 6, 2020, without a request from any party to a case, the NLRB “announce[d] . . . a temporary change in the Board’s standard notice-posting remedy to adapt to the ongoing Coronavirus pandemic.” The temporary…
Teamsters Union Lost Most Members in 20 Years in 2019
According to an analysis by Bloomberg Law Daily Labor Report, the Teamsters Union lost almost 65,000 members in 2019, the largest decline in the union’s membership in 20 years. The Service Employees International Union (SEIU) added almost 45,000 members.
The analysis was based on a review of recently released annual LM-2 reports filed by…
NLRB: Union Had Responsibility to Bargain About Employer Information Confidentiality Claim
The National Labor Relations Board (NLRB) has ruled an employer does not have a duty to provide a union with relevant information that contains confidential material if the union has refused the employer’s offer to bargain over ways to protect its legitimate confidentiality interests. Oncor Electric Delivery, LLC, 369 NLRB No. 40 (Mar. 6,…
NLRB Division of Advice Decides Laborers’ Union Unlawfully Restricts Resignation
A union’s dues check off authorization card that unduly restricted an employee’s right to resign union membership violates Section 8(b)(1)(A) of the National Labor Relations Act (NLRA), the National Labor Relations Board’s (NLRB) Division of Advice has decided. Laborers’ Local 980 (Tutor-Perini Corp.), No. 05-CB-229670 (issued July 29, 2019, released Apr. 10, 2020).
The Division…
Should Virtual Arbitrations Be the Wave of the Present?
With COVID-19 causing most states to require their citizens to stay at home, employers face a challenge: what to do about their backlog of arbitration cases?
For some cases, it may not matter when they are heard and decided. However, for others, such as those involving the potential for a backpay award, a sooner-than-later case…
National Labor Relations Board Suspends Elections through April 3
Considering the COVID-19 pandemic, the National Labor Relations Board (NLRB) has announced the suspension of all representation elections, including mail ballot elections, through April 3, 2020. The NLRB could extend the suspension if necessary.
The NLRB indicated the health and safety of its employees, as well as members of the public involved in the election…
Unions Must Publicly Report More Financial Information
Pursuant to a controversial new rule passed by the U.S. Department of Labor (DOL), “Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested,” unions must disclose how certain union-controlled trusts spend and invest their funds.
The rule requires unions with revenue in excess of $250,000 to file annual reports (Form…