In a decision having far-reaching implications, a National Labor Relations Board panel consisting of Chairman Mark Gaston Pierce and Members Kent Hirozawa and Lauren McFerran, (Member Miscimarra dissented) has overruled almost 10 years of NLRB precedent, deciding that a violation of the National Labor Relations Act could be found based on an employer’s failure to
Ham-Handed Tactic? NLRB Says Union Giveaway Not Grounds for Setting Aside Election Victory
A union’s gift of free hams on the eve of an NLRB-conducted election did not influence the outcome, a union victory, the National Labor Relations Board has determined. Nuverra Environmental Solutions, Inc., 08-CA-164447 (July 8, 2016).
The union had distributed holiday hams to eligible voters five or six days prior to the election. After
U.S. Supreme Court Decides Not to Review Union-Neutrality Case After All
Declining to decide whether organized labor must abandon the neutrality agreement as an organizing tool, the U.S. Supreme Court has dismissed as “improvidently granted” a union petition for review in UNITE HERE Local 355 v. Mulhall et al., No. 12-99 (Dec. 10, 2013). The action came in a per curiam order only after the
UNION NEUTRALITY AGREEMENTS TO BE SCRUTINIZED IF CERTIORARI GRANTED IN FLORIDA CASE
The U.S. Supreme Court has been asked to decide whether a neutrality agreement between a Florida greyhound track and a union improperly delivered a “thing of value” in violation of the Labor Management Relations Act.
Traditionally, when a union has sought to organize the employees of an employer and the employer decided it wanted to