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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

Continue reading Labor Relations INK April 2017

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

Continue reading Union Bailout Update

Walker Keeps Big Labor On Their Toes

Gov. Scott Walker

Scott Walker dealt another blow to Big Labor this month when he signed legislation that “prevents local governments from requiring contractors to hire union labor for publicly funded construction projects.” This is a huge move forward for many reasons. And Patrick Semmens, vice president of the National Right to Work Legal Defense Foundation, basically captures it in his recent statement to the Daily Caller:

Project Labor Agreements (PLA) not only drive up the cost of projects because of union featherbedding and inefficient work rules, but they discriminate against the 86 percent of American construction workers who choose not to join a union, by effectively banning companies with nonunion workers from bidding on such contracts.

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

Continue reading Labor Relations INK March 2017

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 a case on appeal squarely raising the FVRA issue, the most entertaining part of this opinion is Chief Justice Roberts’ somewhat painful (even for a lawyer) construction of the FVRA language related to “Acting” appointments.:

Suppose a radio station announces: “We play your favorite hits from the ’60s,

Continue reading Labor Relations Insight

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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Fight For $15

Michigan State Senator Coleman Young II

Attempts to raise the minimum wage in Connecticut to $15 an hour stalled in the State Senate late last month. The tie vote came with very little surprise as the Senate is split evenly between Democrats and Republicans.

In Michigan, the minimum wage was bumped to $8.90 this year and is set for a steady increase to $9.25 next year, with continued increases through 2018. This is all outlined in the Workforce Opportunity Wage Act of 2014. For one senator though, this bill does not do enough. Senator Coleman Young II introduced a bill to increase the minimum wage to $15 an hour starting January 1 of next year. This would be a jump of more

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Right To Work

Right-to-Work has gained quite a bit of momentum in recent years, up from 22 states and 41% of the nation’s population living in right-to-work jurisdictions in 2011 to 28 states and 52% of the population today.

Additionally, House Republicans introduced the National Right-to-Work Act in early February. This act would “repeal federal labor law provisions that permit firing workers who refuse to pay union dues.” While similar bills have been introduced in the past, this is the first time it’s been done while the GOP hold control of the White House and both houses of Congress.

Similarly, we’ve been seeing success on the local level. For example, before right-to-work became state law in Kentucky, twelve counties had already passed some form of right-to-work provisions. Those provisions were upheld by the Sixth Circuit Court of Appeals late last year.

Wilson Presents at SHRM D.C. Gathering

On March 14, LRI President Phil Wilson co-presented at the Society for Human Resource Management Employment Law & Legislative Conference in Washington, D.C., with Mike VanDervort, the Executive Director of CUE, Inc.

The two addressed risk assessment to union encroachment in light of the new administration and evolving union strategies. SHRM summarized the take-aways from the presentation in this article.

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