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Wilson on NLRB's Replacement Worker Ruling

shrmSHRM magazine wrote an article on the NLRB’s May 31 ruling that restricts employers right to permanently replace striking workers, with a focus on employer intent.

They reached out to Phil for comment.

“Everyone is motivated to damage the other side…That is the whole point of a strike. In some cases the union may even be motivated to destroy a company operation, even if it leaves members at that location without a job, in order to achieve a bigger bargaining goal elsewhere.”

Click here to read the article.

Labor Relations Ink May 2016

In this issue:

What The Uber Settlement Means Unions And Modernization Don’t Mix Treasury Determined to Bilk Taxpayers In Pension Demise Another Union Marriage Ends In Divorce Scoreboard, SEIU Watch, Sticky Fingers and more…

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

Labor Relations Insight by Phil Wilson

I’ve been everywhere, man

I am home for the first full week in a month and looking forward to a holiday weekend before I hit the trail again. Traveling can get old, but there are parts of it I really enjoy. It is great to meet new people. Of course I like to talk about what’s going on the world of labor relations and approachable leadership. But traveling also gives me a great opportunity to learn and grow too.

I thought for this month’s insight I’d take readers on a quick tour of the last

Continue reading Labor Relations Ink May 2016

Union Bailout Update

NLRB General Counsel Richard Griffin

NLRB General Counsel Richard Griffin

The NLRB continues almost weekly to throw grit into the gears of American businesses. In March, General Counsel Richard Griffin sent a memo toNLRB regional directors directing them to cede discretion over numerous areas of labor law to his office. Among the cases Griffin wants to come across his desk are union withdrawal elections, at-will employer disputes, Beck cases and other controversial issues.

Former NLRB board chairman Peter Schaumber characterizes Griffins move as a power grab, and explains that the intent of the memo “is to reverse legitimate, long-standing board precedent. The reversals are going to increase the power of organized labor and restrict the influence of employers.” Because the GC’s office is less bound by Board precedent, Griffin is in

Continue reading Union Bailout Update

Labor Relations INK, April 2016

In this issue:

Quarter Mil Salaries for 448 Union Employees Last Year Decades of Discrimination At This Sheet Metal Local “Gig Economy” Union Deal Goes Bust SEIU Watch, Alt-Labor, 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 One Year After the Ambush Rule: Why Unions Should Be Worried

The ambush election rule turned one on April 15. We now can look at the true impact of the rule unions wanted so badly to “level the playing field” in union elections. I’ve looked at the numbers and compared this last year to prior years. The bottom line: the rule’s impact has had no impact on what matters most to unions, total petitions and election victories.

When the rule first went into effect the number of union elections spiked nearly 15% over the

Continue reading Labor Relations INK, April 2016

NLRB Success Rate Laid Out in Open Letter

On February 4th, the Committee of Practice and Procedure Under the NLRA submitted a letter to the National Labor Relations Board. As you can infer from the name of the committee, the letter posed many questions that had to do with NLRB processes – concerning things like the NexGen online filing system, how often information is subpoenaed, current time-frames for case decisions, etc. The answers to all of these questions and more can be found in the document here.

One of the bits of information we here at LRI found most interesting is the NLRB success rate. In Fiscal Year 2015, there were 20,199 unfair labor practice charges filed. Of those that went to litigation, the NLRB won 88%.

Bottom line, if the NLRB decides to go after you in court you’re dead.

Labor Relations INK March 2016

In this issue:

Union Pension Woes Continue Only The Names Have Changed… Fighting Back Labor Around the World Insight, SEIU Watch, Labor Around the World, and more…

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

Labor Relations Insight

by Phil Wilson

Persuader: The Good, The Bad, and the Ugly

goodbadugly2The persuader rule went final today. I’ve read the rule. All 446 pages (I don’t have a life so you can have one). Okay, I may have skimmed a few pages. Here is what you need to know about the new rule.

The Good

Here’s the good news: This rule is much improved over the proposed rule from 2011.

The Department of Labor deserves some credit for listening to its regulated community. They rolled back a number of

Continue reading Labor Relations INK March 2016

Labor Relations INK February 2016

In this issue:

Propping Up A Dinosaur When In Trouble, Ask For A Raise! Union Pension Shipwreck West Virginia to Join Ranks of Right To Work States Teamster Beat, Sticky Fingers, Scoreboard, 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 5 Steps to Prepare for the Persuader Rule

If you believe the rumors out of Washington (I do), the so-called persuader rule is on track to go from “proposed” to “final” by the end of next month. It could slip into April but at this point it looks like it is going to happen. After more than 5 years the rule will no longer be a hypothetical. Are you ready?

Most companies I talk to (not to mention most consultants and law firms) still treat this rule as a potential threat, versus a

Continue reading Labor Relations INK February 2016

Union Bailout Update

The National Labor Relations Board is relentless, like water eroding rock one drop at a time.

Although it seems a slight alteration, the NLRB changed a 50-year-old standard when it ruled recently that unions and employers can’t hold mass representation campaign meetings 24 hours before ballots are to be mailed to workers in mail-ballot elections. The prior restriction was 24 hours after ballots were mailed.

The board is also chipping away at the definition of supervisors, making it easier for unions to include them in bargaining units. This latest ruling does have some subtle clues for organizing supervisory work in such a way that you can stack the deck in your favor.

The DOL announced that it will finally implement changes to overtime requirements as of July 2016, impacting particularly white collar exemptions from federal overtime requirements. The DOL (along with the NLRB) continues to attack the

Continue reading Union Bailout Update

Labor Relations INK December 2015

In this issue:

Tension In The UAW Whistlin’ Dixie Media Overtaken By Big Labor? Teamster Beat SEIU Watch, Sticky Fingers, 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

It’s back. After a several year hiatus, the Department of Labor (DOL) resurrected the so-called “persuader” rulemaking. This month they asked the Office of Management and Budget to approve the proposed rule that sat dormant for years. It looks like the rule will go into effect this spring.

Most people haven’t thought about this rule for several years, so here’s a quick reset: The Labor Management Reporting and Disclosure Act (LMRDA) passed in 1959. That law focused primarily on union corruption. It outlawed and required reporting of certain transactions between unions and companies. The purpose of these restrictions is to disclose, and hopefully eliminate,

Continue reading Labor Relations INK December 2015

Union Bailout Update – December 2015

warren

Sen. Elizabeth Warren

As if the Fight for Fifteen wasn’t enough, the retail, food service and cleaning industries face another spectre in the form of the “Schedules That Work Act” introduced by Sen. Elizabeth Warren (D-MA). Under the bill, employees are given the “right” to have more say in:

The number of hours the employee is required to work or be on call The times when the employee is required to work or be on call The location where they work The amount of notification the employee receives for schedule assignments Minimizing fluctuations in the number of hours scheduled on a daily, weekly or monthly basis.

Work schedules or schedule changes must be provided in writing 14 days in advance, and there are financial penalties

Continue reading Union Bailout Update – December 2015