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Labor Relations INK January 2017

Union Membership Shrinks Again! New App for Bargainers and Union Members Union Leadership Manipulation of Election Results Another Innovation Stifled by Big Labor SEIU Watch, Insight, Scoreboard and more…

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

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

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Labor Relations Insight

by Phil Wilson

How carefully do you craft messages to your employees? Have you ever announced something and then wished you’d said it a different way?

We recently ran across a messaging document posted on Facebook originally produced by the PR firm Park Street Strategies for the United Food and Commercial Workers. (Memo to self: The Google sees ALL the web pages).

According to their 2015 LM-2, the UFCW payed

Continue reading Labor Relations INK January 2017

Labor Relations INK December 2016

In this issue:

Big Labor Perplexed Is A Dangerous Pension Bailout Precedent On The Way? Auto Workers Fail to Represent Strategy+Tactics Insight, SEIU Watch, Scoreboard and more…

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

 

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

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How a Trump Administration Could Fix the NLRB

Bob Dylan may have skipped the Nobel Prize ceremonies, and I doubt he’ll be at the inauguration, but I’m sure he’d agree that “the times, they are a changin.”

In just a few days Donald Trump will be inaugurated as America’s 45th President. His transition has felt a lot like his campaign: unconventional, messy, and always interesting to watch.

The list of things Americans want the incoming Trump administration to fix grows longer each day. My guess is aren’t up there at the top of the list of priorities. But I do think there are

Continue reading Labor Relations INK December 2016

Labor Relations Insight December 2016

by Phil Wilson How a Trump Administration Could Fix the NLRB

Bob Dylan may have skipped the Nobel Prize ceremonies, and I doubt he’ll be at the inauguration, but I’m sure he’d agree that “the times, they are a changin.”

In just a few days Donald Trump will be inaugurated as America’s 45th President. His transition has felt a lot like his campaign: unconventional, messy, and always interesting to watch.

The list of things Americans want the incoming Trump administration to fix grows longer each day. My guess is aren’t up there at the top of the list of priorities. But I do think there are BIG (or should I say huge) opportunities to improve the way the NLRB does business.

I’d like to take this opportunity to suggest four things the new administration should add to the priorities list. Most of these could be implemented right away and

Continue reading Labor Relations Insight December 2016

Union Bailout Update

The 5th Circuit court has granted the DOL’s request for an expedited review of the DOL’s appeal of the nationwide injunction against the overtime rule. The injunction was ordered by a District judge in Sherman, Texas in late November, as the rule was due to take effect on Dec. 1. Briefs are due by the end of January, and oral arguments will be scheduled after that date.

Judge Cabranes

Judge Cabranes

The Second Circuit Court of Appeals has upheld the Speciality Healthcare micro-units decision, and provided an additional framework for application. Judge Jose Cabranes, writing for the court, explained the two parts as (a) identifying shared interests among members of the petitioned-for unit, and (b) explaining why excluded employees have meaningfully distinct interests…that outweigh similarities with unit members. To

Continue reading Union Bailout Update

Labor Relations Insight

by Phil Wilson Trump’s Labor Agenda

The labor relations world could not look more different than it did just two weeks ago.

This is my first Insight article since Donald J. Trump shocked everyone (perhaps even himself) and became the 45th President of the United States. If you didn’t get a chance to listen to my post-election webinar last week I gave my first impressions about what to expect in more detail. But here are the highlights.

Union Households Delivered Trump the Presidency

Trump rewrote the election map on his run to the White House. Ironically he did this by tearing down a wall – the “blue wall” states of Michigan, Pennsylvania, Wisconsin, and Ohio. Check out this map:

map

After unions spent millions of dollars and hundreds of

Continue reading Labor Relations Insight

Union Bailout Update

G. Roger King

G. Roger King

Hopefully the nature of this section will change sometime after the first of the year, when a new sheriff arrives in the capital. If you missed our update on what we expect under a Trump administration, you can catch the replay here (the Insight article above hit some of the highlights). A name has already surfaced as being floated for a role either on the NLRB or as board General Counsel – retired attorney G. Roger King.

Staying in character for the present, the NLRB determined that several retail employees who engaged in an in-store protest during work hours were unlawfully disciplined, under the Quietflex Mfg. Co. guidelines. Board member Miscimarra’s dissent challenged the applicability of Quietflex, and

Continue reading Union Bailout Update

Election Results and Expectations

If you are interested in election prognostications and missed our Fall Labor Update Webinar, you should review it here. For another list of potential impacts to labor professionals, take a look at the details behind this list posted by Fisher & Phillips attorney Jeffrey Mandel. His list includes the following:

Immigration Labor relations Pay equity Data security Supreme Court nominations Employee leave Workplace safety Wage and hour Affirmative action and federal contractor compliance Non-competes and other post-employment restrictive covenants

All four states that had a ballot initiative to raise the minimum wage passed them (Washington, Arizona, Colorado and Maine). Right-to-work met with mixed results, with Alabama enshrining the existing right-to-work statute in their constitution, and Virginia defeating a right-to-work initiative. However, due to Republican election victories at the state level, expect to see additional statewide right-to-work laws proposed for Kentucky, Missouri and New Hampshire.

Continue reading Election Results and Expectations

Refining The Definition of “Employee”

Brishen Rogers

Brishen Rogers

Pro-union law professor and former SEIU organizer Brishen Rogers has penned a treatise for the American Constitution Society suggesting legislative changes to “expand and clarify” the meaning of the term “employment.” His suggestions include:

Redefine employment per the “suffer or permit” test and specify that the “suffer or permit” test defines employment very broadly; Define workers in certain highly fissured industries as the legal employees of firms who contract with them individually for labor, and/or the joint employees of user firms who obtain their labor through subcontracting or franchising arrangements; Develop concrete guidance for courts to apply in other industries, or direct an expert agency to do the same; and Place the burden of proof on the party seeking to avoid employment status and

Continue reading Refining The Definition of “Employee”

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

Right To Work

Taking right-to-work up a notch, Alabama and Virginia will strive to become the eleventh and twelfth states to protect right-to-work into their state constitutions in November. The two states have had right-to-work laws in place for decades. Arkansas was the first state to enshrine right-to-work in its constitution in 1944, and Oklahoma the most recent in 2001. Business leaders in Alabama, which has twice the union density as its neighbors, believes the state must protect right-to-work to remain competitive and to attract additional auto and aerospace manufacturing jobs.