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Union Bailout Update - August 2014

Richard Griffin

Richard Griffin

It is getting much harder to discharge an employee for behavior that could jeopardize business, if that behavior can be linked to protected concerted activity, and if the employer is inconsistent in applying disciplinary action. In a recent Starbucks case, an employee was fired for using profanity in the presence of customers. At issue was the wearing of pro-union pins. The NLRB originally found the discharge unlawful, but the Second Circuit court remanded the case back to the board, not buying their reasoning. The board then shifted focus, using a “mixed motive test” and finding that the company’s disciplinary action was inconsistent, and thus could have been related to the protected concerted activity as much as the use of profanity.

The NLRB’s General Counsel filed a brief attacking the Register Guard decision restricting

Continue reading Union Bailout Update – August 2014

Labor Relations Ink July 2014

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In this issue:

Harris vs. Quinn Setback Hollow Pension Plans Keep Your Eye On The Ball Teamster-Affiliated Taxi Drivers Fear The Future SEIU Watch, Sticky Fingers, Only In a Union, Scoreboard and more…

The bottom of each story contains a link to the individual post on our site.

hula-girlLabor Relations Insight by Phil Wilson

Unfortunately, at the time of the submission deadline for this issue, Phil was on a beach in Hawaii trying to keep the sand out of his ukulele. Thus no pithy insight from Phil included in this issue of INK. However, I’m sure the couple of weeks in the sun will contribute to even more illuminating insights in future issues!

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Union Bailout Update

“The legal advisory department of the NLRB is on track to issue a

Continue reading Labor Relations Ink July 2014

Union Bailout Update

“The legal advisory department of the NLRB is on track to issue a ruling that could have devastating consequences for the nation’s 770,000 franchisees, the mom-and-pop owners of neighborhood restaurants, hotels, print centers, realtors and flower shops that directly employ 8.5 million workers.

Thus another bogus decision by the NLRB on the issue of  “joint employer” status could devastate the franchise industry. As usual, Big Labor effort (and money) is behind it. Fortunately, the courts have so far defended the line between franchisor and franchisee. Keep a sharp eye peeled for this one.

Sen. David Vitter (R-La.)

Sen. David Vitter (R-La.)

The NLRB has condoned sexual harassment – as long as it occurs on a picket line! Another example of the double standard that exists for unions and their minions. Laws that would put other

Continue reading Union Bailout Update

Labor Relations Ink June 2014

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In this issue:

A Hearty UFCW “Welcome” to New England Grocer Unions At Odds With Market Competition Big Labor Pulls a Statue of Liberty Play Democracy UAW Style SEIU Watch, Sticky Fingers, Scoreboard, Insight and more…

The bottom of each story contains a link to the individual post on our site.

Labor Relations Insight by Phil Wilson

ambush-election-coverHow to Win an Ambush Election

Today’s article has one simple purpose. I want you to download (and read) our latest White Paper How to Win (And Prevent) an Ambush Election. We just released it today. If you want to save some time you can skip reading this article and download the White Paper here: http://LRIonline.com/ambush-election

Why should you download the White Paper? The ambush election rule is going to happen.

Continue reading Labor Relations Ink June 2014

Union Bailout Update June 2014

As an employer, what would be your response to an employee who exploded in your face in a rage of profanity, threatening you and daring you to fire him? According to the NLRB, firing him is not an option! The decision went back and forth between the ALJ and the board, but was finally decided in favor of the employee for the following reasons:

the outburst occurred in a closed-door meeting in a manager’s office away from the workplace; the subject matter concerned the employee’s protected conduct; and the employee’s conduct was “provoked by the employer’s unfair labor practice” of inviting the employee to quit if he did not like the employer’s policies.

Board member Johnson summed up the “NLRB standard” for workplace behavior in his dissent:

“By this standard, employees … will be permitted to curse, denigrate, and defy their managers with impunity during the course of otherwise

Continue reading Union Bailout Update June 2014

Labor Relations Ink - May 2014

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In this issue:

UAW Rolls On Alt-Labor Momentum Just A Little Arm-Twisting The Union Redistribution Program SEIU Watch, Sticky Fingers, Scoreboard, Insight and more…

The bottom of each story contains a link to the individual post on our site.

Labor Relations Insight

by Phil Wilson

The Low Information Voter

Are you an LIV?

LIV stands for “low information voter” and they are important. Low information voters are people who vote based on “hueristics” or cues – like voting for a candidate because he likes the same kind of food you do. In lieu of getting educated on the facts LIVs will instead make a quick decision based on a gut-reaction, rule of thumb or maybe even a stereotype.

Because LIVs are not really educated or committed to one candidate in particular they can be

Continue reading Labor Relations Ink – May 2014

Endangered Species?

OutofTouch_masthead

The Washington Examiner produced a five-part special report about unions, titled Out Of Touch With America: Are Unions Obsolete?  It is a well-organized walk through history, up to current events and trends. You can also secure the e-book version of the report.

To give you an idea of the scope, here is the table of contents.  It is also nicely illustrated with pictures, and helpful charts and graphs.

Chapter 1: Big Labor’s identity crisis

Big Labor’s identity crisis The decline of the labor union Diana Furchtgott Roth: Public employees unions help boost state debt crisis

Chart8Chapter 2: Unions and the Democratic Party

Democrats know better than to bite the Big Labor hand that feeds them Steven Malanga: When unions use non-member dues to finance political activities

Chapter 3:

Continue reading Endangered Species?

Labor Relations Ink - April 2014

In this issue:

Top Heavy Alt-Labor What Unions Fear Most Whistlin’ Dixie (Organizing in the South) Only In A Union, Sticky Fingers, Scoreboard, Insight and more…

The bottom of each story contains a link to the individual post on our site.

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Labor Relations Insight by Phil Wilson The Perfect Workplace Civility Policy?

* Legal Disclaimer: Pardon the interruption, but I remind you that while I am a lawyer I am not YOUR lawyer. There is a big difference. I am not giving you legal advice. If I were giving you legal advice (which I’m not), I would tell you to ignore the advice in this article because it is a joke. The sample policy suggested below is satirical. It is not intended for actual use in an employee handbook. If you use it you will almost certainly suffer some highly improbable but devastating chain reaction of negative

Continue reading Labor Relations Ink – April 2014

INK March 2014

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In this issue:

UAW-VW Aftermath Pennsylvania Union Members Can Flaunt The Law Worker Center Scrutiny Continues Congress Members Subpoenaed in SEIU Extortion Case SEIU Watch, Only In A Union, Insight & More…

The bottom of each story contains a link to the individual post on our site.

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Labor Relations Insight by Phil Wilson

Wildcat Strike: Northwestern Football Players Allowed to Unionize

The floodgates are open: Northwestern University football players will soon vote on whether or not to join a union. In a groundbreaking decision Peter Sung Ohr, Regional Director of Region 13 in Chicago, found that Kain Colter and about 84 other scholarship football teammates are “employees” under the National Labor Relations Act. These players will therefore be allowed to vote in an NLRB supervised election in a few weeks.

The decision is

Continue reading INK March 2014

Union Bailout Update – March 2014

The running story of note for the next few months will most likely remain the implementation of the Ambush Election rule. Parties from both camps are weighing in on the issue. At a recent hearing, the House Education and the Workforce Committee heard from business owners, human resource professionals, and labor lawyers. April 10 & 11 have been schedule as the dates for a public hearing before the NLRB on the rule.

The other proposed regulation that everyone has been watching closely is the DOL’s Persuader Rule. Originally scheduled to be go into effect this month, the implementation has been postponed yet again, with no specific date set.

NLRB General Counsel Griffin released a memo at the end of February revealing the board’s priorities for prosecution.  Issues that will be in the NLRB crosshairs include:

The use of employer email systems for Section 7

Continue reading Union Bailout Update – March 2014