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INK May 24, 2012

In this issue:

Union Bailout Update Becker Returns to His People Target Election Gets Tossed IBT Organizers Honored to Remain Union-Free   SEIU Watch, Sticky Fingers and more…

NOTICE:  You can make a PDF of this issue of INK directly from the post.  Click here for instructions on how to do so.



Union Bailout Update

It’s been almost two weeks of uncertainty since a U.S. District judge declared the NLRB quickee election rules invalid and we still have no official word from the board on what happens next.  On May 14 Judge James Boasberg ruled that the board did not have a legal quorum when Members Becker and Pearce voted on the changes without Member Hayes present.  Boasberg noted that

Continue reading INK May 24, 2012

INK May 10, 2012

In this issue: 

Union Bailout Update Bill Would Permit Merit Pay in Union Shops Machinists Striking  Once a Member Always a Member Labor Relations Insight, Sticky Fingers and more…

NOTICE:  You can make a PDF of this issue of INK directly from the post.  Click here for instructions on how to do so.



Labor Relations Insight by Phillip Wilson


What have we learned in the first week of the “ambush election” rules?

There are two questions I’ve been asked a lot over the last couple of months, and especially in the last week:

Will petitions increase after the new “ambush election” rules go into effect? How far will election times decrease under the new “ambush election” rules?

Here’s what we’ve seen in the first 8 days under the new “ambush”

Continue reading INK May 10, 2012

Taking it to the Streets, DOL Style

Not to be out-done by the dramatics over at the NLRB, Department of Labor Secretary Hilda Solis has approved a series of motivational posters for DOL employees (Jealous?) that elevate Solis from lifelong do-nothing political appointee to transformational leader in the war to stop the capitalist re-enslavement of all mankind.

The poster is raising more than a few eyebrows in Washington for what seems a fairly inelegant attempt to radicalize a government agency that should at least at times appear even-handed.  In a letter to Solis complaining about the posters, Rep. Joe Walsh, R-IL said some department employees have complained to him about the posters’ bald-faced politicizing of their work and the veiled call to civil disobedience.

The first poster features a backlit close-up of Solis marching arm in arm with Al Sharpton, Jesse

Continue reading Taking it to the Streets, DOL Style

Update: Persuader Disclosure Changes

DOL documents appear to point to an August 2012 implementation of new persuader reporting rules.   The changes to the Labor Management Reporting and Disclosure Act will put every employer in the country under a “gag order” by forcing them – under threat of criminal penalty – to report things like money spent on supervisory training, attendance at seminars and even employee opinion surveys.  This proposed rule dramatically limits the so-called “advice” exception and means that most discussions about unions between company managers and their attorney or consultant will be subject to public reporting requirements.

INK January 19, 2012

In this issue:

•  Union Bailout Update •  Yes, America, the Unions Are Killing Your Twinkies •  Will the Unions Screw Up the Superbowl? •  Laborers Vow Never to Forget Keystone •  Picket Line Do’s and Don’ts •  Teamsters Watch, Sticky Fingers and more…

NOTICE:  You can make a PDF of this issue of INK directly from the post.  Click here for instructions on how to do so.

Union Bailout Update

The NLRB held a “meet and greet” on Jan. 12 between lawmakers and the three newly sworn in Board members at the center of the latest NLRB firestorm.  Members of Congress were denied the chance to question or even scan the resumes of Richard Griffin and Sharon Block as the two Democrats’ names were only first sent to Congress on December 15, the

Continue reading INK January 19, 2012

Union Bailout Update

The groundswell of blowback against union hubris continues to rise, as both state and national legislators and executives work to reign in Big Labor. As the game of political tug-of-war continues, much of the energy will lapse into rhetoric, but there may be enough momentum now to see some benefit for American businesses come out of the bottom of the funnel.


Last week, the House Committee on Education and the Workforce approved the Workforce Democracy and Fairness Act (H.R. 3094). House majority leader Eric Cantor is determined to bring the bill to the floor this winter. Among other things, the bill would:

Undo the criteria used to determine an appropriate bargaining unit established by the National Labor Relations Board’s recent Specialty Healthcare decision Guarantee that no representation

Continue reading Union Bailout Update

Union Bailout Update

The DOL has postponed for two months enforcement of a new wage rate standard for H-2B guestworkers.[1] The postponement was in response to a barrage of legal challenges from small businesses that rely on guestworkers to meet seasonal demands. The new standard will require employers pay guestworkers a “wage that meets or exceeds the highest of the following: the prevailing wage, the federal minimum wage, the state minimum wage or the local minimum wage.”

The catch is this.  The “prevailing wage” is then defined as the highest of three measures; a wage rate established under Davis-Bacon; the mean (not average) wage for the occupation in the area; or wages established by a union contract. Put simply, the cost of guestworker labor would be set by any isolated union contract in the area. Employers and industry

Continue reading Union Bailout Update

Union Bailout Update - Sept 22, 2011

Eric Cantor

The big story brewing in Washington is the Congressional push-back against the rogue NLRB.  Members of both houses are working up proposed legislation to prevent recent NLRB actions or proposed actions, such as implementing quickie elections, forcing employers to put up a poster telling employees how to organize, and preventing employers from opening their businesses where they please (as in the Boeing case).

In a memo sent to House Republicans, House Majority Leader Eric Cantor (R-Va.) stated,

“This summer, the NLRB issued a notice of proposed rulemaking that could significantly alter current union representation election procedures, giving both employers and employees little time to react to union formations in the future. The result will increase labor costs and uncertainty for nearly all private employers in the

Continue reading Union Bailout Update – Sept 22, 2011

Union Bailout Update - Sept 1, 2011

Washington agencies continue to roll out regulations and rules in favor of their Big Labor patrons. The NLRB has been particularly busy. In additional to finalizing the “organizing rights” posting rule, the board also overturned two decisions, making it more difficult for employees to get rid of a union they no longer want. First to be overturned was the 2007 Dana Corp decision. In Dana Corp, if an employer recognized a union by “show of interest” alone (in other words, without giving employees the chance to vote on representation), an immediate appeal by at least 30% of the employees (or a rival union) could force the issue to an election. In overturning this decision, the board said the union should be able to operate for a “reasonable period of time” before the employees were allowed the opportunity to vote it out. The board defined the time

Continue reading Union Bailout Update – Sept 1, 2011

Put on Your Thinking Caps

In compliance with Executive Order 13563, the DOL has published its preliminary plan for A Simpler Smarter Regulatory System. (Hope springs eternal.)

So far, it looks like the only regulatory “streamlining” on tap over at the OLM would be cutting the LM-30 disclosure (Labor Organization Officer and Employee Report) from nine pages down to two with union stewards no longer required to report because, you know, unions are so buried in regulatory paperwork!

And the DOL is requesting your feedback! So if you have any suggestions on DOL, OSHA, EBSA, or OLM reporting requirements or regulations (that you could share in polite company) speak up here.