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Union Bailout Update

Alex Acosta

The DOL under new head Alexander Acosta has withdrawn two memos (or administrative interpretations) originally posted by the Wage & Hour division related to independent contractor and joint employer status. Although such action does not change any law, it does signal the administration’s possible intention to backtrack up the slippery slope of joint employer issues.

The administration also revoked a 2013 Letter of Interpretation which allowed non-employee union members to attend OSHA inspections, even when no employees at the targeted company were represented by a union.

The DOL has also signaled that it intends to revoke the Persuader Rule, publishing a Notice of Proposed Rulemaking that will take public comment on rescinding the rule altogether.

Acosta apparently

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Wilson Quoted Regarding Persuader Rule

In a June 9 article on the Persuader Rule, the Society for Human Resource Management (SHRM) reached out to LRI president and general council Phil Wilson for comment. Phil reminded the readers that although the rule is under an injunction, it is also technically in effect, and the only way to be “completely the rule goes away” is another rule making.

The Office of Labor-Management Standards posted notice in the Federal Register to rescind the rule, and the comment period is now open. Check here or on the image below for details and to post comments.

 

Labor Relations INK May 2017

In this issue:

Make It Go Away AFL-CIO Skews the Facts Union Money Shell Game Fight For $15 Insight, Scoreboard, Sticky Fingers 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

Can We Confirm a Board Already?

This is getting pretty frustrating.

Believe me, I understand that the labor relations tail is never going to wag the dog of any new administration. And to be fair, it took President Obama more than a year to get his first two NLRB seats filled (with the controversial recess appointments of Craig Becker and Mark Pearce). But still.

As far as labor law goes we are currently in the 9th year

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Union Bailout Update

Alex Acosta

At the end of April, the Senate confirmed the appointment of Alex Acosta as Labor Secretary. Acosta replaced initial nominee Andrew Puzder, who withdrew his name from consideration amidst controversy surrounding the hiring of a housekeeper not authorized to work in the U.S., and mishandling the taxes related to her employment.

The Trump administration forwarded the names of two attorneys for background checks, in preparation for appointment to fill the vacant slots on the National Labor Relations Board. Marvin Kaplan is an attorney for the Occupational Safety and Health Review Commission, an independent federal agency that hears cases involving alleged workplace safety violations and adjudicates disputes between the Labor Department and employers. He previously served as the Republican workforce

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Labor Relations INK April 2017

In this issue:

UFCW Reveals Strategy for 2017 Union Leaders & Money – A Bad Combination No Opting Out Allowed Taxpayers Pickpocketed By Unions Sticky Fingers, SEIU Watch, 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

My 10 Top Takeaways from CUE

I am flying back today from the 40th anniversary CUE conference. If you aren’t a member of CUE you are really missing out. It is simply the best conference around for people focused on creating positive workplaces. I enjoyed presenting on two panels around the future of work. And today I had the honor of teaching some incredible leaders the ins and outs of Approachable Leadership.

The

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Union Bailout Update

T-Mobile President John Legere

In 2015, T-Mobile established an employee-representative group as a way of securing feedback from front-line employees. The company credited T-Voice, as it called the group, for such changes as free Wi-Fi, mobile phone charging stations, and spa days. The Communication Workers of America (CWA) filed a ULP, and an NLRB judge upheld the charge, claiming the group “unlawfully establishes and maintains a dominated labor organization.” T-Mobile President John Legere has blasted the ruling and declared his intent to fight it.

The NLRB struck down another arbitration agreement. This time the board did not rely on D.R. Horton because there was no explicit provision in the agreement that limited class or collective actions. As the National Law Review article outlines, the agreement was struck down because

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Labor Relations INK March 2017

In this issue:

It’s All Academic AFL-CIO Headquarters Staff Dwindles Longshoremen Union Out of Step with Membership Insight, Fight for $15, SEIU Watch and more…

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

Labor Relations Insight

by Phil Wilson

The Clash, The Beatles and Lafe Solomon

Radio DJ Wolfman Jack

The Supreme Court at last issued its decision in National Labor Relations Board v. SW General, Inc. The Court found that Lafe Solomon’s stint as Acting General Counsel to the NLRB violated the Federal Vacancies Reform Act (“FVRA”). While Chief Justice Roberts took pains to make clear its decision is not “the son of Noel Canning” it at least qualifies as a first cousin.

Unless you have

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Union Bailout Update

Many are hopeful over the course of the nation’s labor laws over the next four years. That hope was invigorated even further when Trump named Phillip Miscimarra as acting chair of the NLRB. On March 1, the Board released a report detailing the top 10 policies they are going to focus on restoring balance to. See the list and find the report here.

Congress is making some headway as well. One of their most notable actions this month is revoking the Labor Department’s fiduciary exemption for government-managed retirement funds, named Erisa (Employee Retirement Income Security Act).

Early this month, the House overturned OSHA’s attempt to rewrite the Occupational Safety and Health Act. Under OSH Act, all employers are required to keep records or workplace injuries and illnesses for five years. OSHA inspectors, however, are only allowed to cite violations for record keeping that occurred within the previous six

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Labor Relations INK – February 2017

In this issue:

Union Membership Drops Yet Again Just Another Lazy Union Afternoon… Union Pension Turmoil Insight, Right-to-Work, Sticky Fingers 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

Is there a “Trump Effect” on Union Organizing?

Just about every call I’ve had since Donald Trump’s November surprise gets around to THE question. Will Donald Trump’s election mean the end for labor unions? Or will unions rise like a phoenix from the ashes and organize like never before as a reaction to the new administration? Or maybe something in between?

I’ve mostly answered this question the way lawyers tend to answer questions (sorry): “It depends.” But we are now beginning to get some data that is shedding light on the “Trump Effect” on labor unions. And for unions the data is not looking good.

First,

Continue reading Labor Relations INK – February 2017

Union Bailout Update

Alex Acosta

All employers will be able to breathe more easily once the union-friendly DOL officials have been swept from the administration. Case in point: DOL General Counsel Richard Griffin’s January memo claiming that football players at all 17 private schools in Football Bowl Subdivision (FBS) are employees under the National Labor Relations Act (NLRA), conflicting with an earlier decision by the NLRB in which it declined to exercise its jurisdiction over a representation petition filed by a union seeking to represent Northwestern University’s scholarship football players. Rep. Virginia Foxx, head of the House Education and the Workforce Committee, called on Griffin to “abandon his partisan agenda or step down immediately.”

With the nomination of Alex Acosta to head the Dept of Labor, and the appointment of

Continue reading Union Bailout Update