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Guest

Extremely well written! Concise, pragmatic, useful data. One of the best 'book reviews' and actionable advice I've read in quite a while!!! THANK YOU!!!
D. Harris

Hi Phil, I would like to thank your team on our recent victory over the IAFF in our election on Friday. We won with about 2/3 of the votes in our favor. I could not have done it without the great work of Scott. He got to the root of the problem almost immediately and got me headed in the right direction. Thanks again for your expert help.
W. Woodcock

Labor Relations INK October 2016

In this issue:

Another Union Business Dies Union Pickpockets Unions On The Campaign Trail SEIU Watch, 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

Come November…

Election day is (mercifully) just around the corner. While I hesitate to make predictions this election season it looks very much like Hillary Clinton will win the White House and based on everything I’ve read there is a much better than 50% chance Democrats will gain control of the Senate. Barring a complete wipeout in down ballot races it looks like Republicans will maintain narrow control over the House of Representatives.

hillary-clinton

What do results like this mean for labor professionals? The easiest answer is “more

Continue reading Labor Relations INK October 2016

Union Bailout Update

McDonald’s has become the poster child for testing the breadth of impact of joint employer status. In a recent sexual harassment case, the EEOC has indicated it plans to follow the reasoning of Browning-Ferris, allowing it to “apply new legal standards” if it confirms the allegations.

The NLRB just made “on-premises” restrictions to picketing activity a more slippery slope in the Capital Medical Center ruling. Off-duty employees could not be constrained from picketing peacefully near the entrances of the hospital. The board applied a balancing test weighing employee’s Section 7 rights against the employer’s property rights, and since the picketers were not disrupting healthcare operations, they were allowed to continue.

The NLRB General Counsel is attempting to expand protection to striking workers, asking regional directors and officers to change precedent and take a new legal direction outlined in a model brief for use with intermittent and partial

Continue reading Union Bailout Update

Labor Relations INK, September 2016

In this issue:

Education Taking Big Hits The Six Percent Solution Unions Urban Impact SEIU Watch, Insight, Scoreboard 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

Today is the first day of fall. This is my favorite time of year. School starts back up and things tend to get into a more normal routine. The weather begins to cool off. The hiking trails around here get much more bearable (not to mention beautiful). And football season is in full swing (Go Blue! And Go Team Big House – my fantasy football team).

bright-autumn-road-popular-trees

While I really enjoy this time of year, it is not without its downsides. Last weekend I personally witnessed another favorite team,

Continue reading Labor Relations INK, September 2016

Union Bailout Update

It was apparent from the beginning that the new “Blacklist” rule instituted by Executive Order was nothing more than a handout to unions. A recent Teamsters blogpost confirms exactly how Big Labor plans to use this gift. To quote from the post:

Using the Order

The Executive Order gives unions unprecedented new leverage against companies and institutions that contract with the federal government. Unless the Order or its implementing regulations are overturned by the courts (employers have promised lawsuits) or revoked by a future president (wonder who), unions should be able to significantly increase their bargaining power by the simple expedient of filing meritorious charges with the NLRB, OSHA, the EEOC, or the DOL.

Consider a union that strikes an auto plant for a new contract. Soon after workers hit the bricks, the union president has the following conversation with the general manager:

Morris, we are two weeks

Continue reading Union Bailout Update

Labor Relations INK – August 2016

In this issue:

Joint Employer Status Between A Rock And A Hard Place Do As I Say, Not As I Do Another Merger To Save A Union SEIU Watch, Insight, Sticky Fingers, Scoreboard 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

Blacklisting and The Offer You Can’t Refuse don-vitoDon Vito Corleone famously suggested the way you get a guy to do what you want is to, “make him an offer he can’t refuse.” This week the Department of Labor finally issued its rules for enforcing the “blacklisting” regulation. And unions are ready to use the new regulation to take a page out of the Corleone playbook.

The Obama administration is heading into the home stretch

Continue reading Labor Relations INK – August 2016

Labor Relations Insight by Phil Wilson

Blacklisting and The Offer You Can’t Refuse

don-vitoDon Vito Corleone famously suggested the way you get a guy to do what you want is to, “make him an offer he can’t refuse.” This week the Department of Labor finally issued its rules for enforcing the “blacklisting” regulation. And unions are ready to use the new regulation to take a page out of the Corleone playbook.

The Obama administration is heading into the home stretch and pushing to get as many labor rulings and regulations out the door as possible. If your company is a government contractor, the blacklisting rule is probably the most significant one of the year.

Originally proposed by Executive Order in 2014, the rule gives the DOL the power to discourage and even bar a federal agency from

Continue reading Labor Relations Insight by Phil Wilson

Union Bailout Update

Decertification activities are one of the most tricky business maneuvers to pull off properly. The employees risk the wrath of the union, while the employer risks the wrath of the NLRB, and can’t initiate or provide aid other than to answer questions the employees may ask about the logistics and timing of the process. A turn of phrase can make or break the effort. Case in point: a recent decertification petition was overturned this month due to a simple slip up by a couple of supervisors. The pair asked the employees how many signatures they had acquired on their petition, and upon hearing the answer, told the employees to “go out and get more signatures” instead of just providing the facts about what percentage of employees must sign the petition to make it valid.

Purchasing a business with unionized employees just became a bit more complex, as the NLRB

Continue reading Union Bailout Update

Labor Relations INK July 2016

In this issue:

Scraping The Bottom Of The Barrel Organizing Tool In Your Employees’ Pockets Stockholders Not Eager To Partner With Unions SEIU Watch, Alt-Labor, Scoreboard, Insight and more…

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

View the web-based version of this newsletter (including links and graphics) by visiting:

http://lrionline.com/labor-relations-ink-january-2016

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Labor Relations Insight by Phil Wilson NLRB Sets its Sights on Unionized Companies

Over the last 8 years we’ve witnessed a constant barrage of pro-union decisions from the NLRB. Revamped election rules shrunk election periods by nearly one-third. Countless other decisions intend to tilt the election playing field in their favor. In spite of this union membership remains at its all-time low, as unions continue to snatch defeat out of the jaws of victory. They are organizing new members at a tepid pace that is just barely keeping up with

Continue reading Labor Relations INK July 2016

Union Bailout Update

In another effort to facilitate the ease of union organizing, the National Labor Relations Board (NLRB) returned to the Sturgis standard in the recently decided Miller & Anderson, Inc. case. This now allows contracted employees to be grouped with the employer’s owned employees for the purposes of an appropriate bargaining unit. Here is a piece of sound advice from the National Law Review:

employers utilizing temporary employees supplied by another should carefully review the agreement under which such temporary employees are supplied and, most importantly, the terms and conditions under which such temporary employees are employed, managed, and controlled.

As you already know from the email we sent you at the time, a Federal District Court in Texas issued a nationwide injunction against the Persuader Rule. If you missed our first post, you can read more details here.

New advice from the NLRB Associate General Counsel to

Continue reading Union Bailout Update

Labor Relations INK June 2016

In this issue:

Big Labors Version of the Facts Auto Workers Lying Low Verizon Strike Ends Could Trump Trump Big Labor? SEIU Watch, Scoreboard, Sticky Fingers and more…

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

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Union Bailout Update

As you should already know if you opened the earlier email from us, there is some big news on the Persuader Rule front. The DOL has grandfathered in all engagements – including multi-year or long-term – that exist prior to July 1, eliminating the need for reporting where such agreements exist. If you missed that email and want to get this covered, send an email to us and we’ll get you taken care of.

The Fifth Circuit Court of Appeals upheld the Speciality Healthcare decision allowing micro units, in a challenge that has spanned 4 years. This is the fourth

Continue reading Labor Relations INK June 2016