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Labor Relations INK July 2017

In this issue:

Philly Building Trades Council Head Under Investigation Union Goats? Alt-Labor Sticky Fingers, Insight, Scoreboard, 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 Employee Handbooks: Finally, a Little Sanity

Every summer my family visits Dodgeville, Wisconsin to camp with my great friend Greg and his family. And almost every year we make the pilgrimage to Taliesin, Frank Lloyd Wright’s home and studio just up the road in Spring Green.

If you don’t know much about Mr. Wright here are some highlights. He was a genius. His architecture work was at least 50 years ahead of his time. Like a lot of geniuses, he was a

Continue reading Labor Relations INK July 2017

Labor Relations Insight

by Phil Wilson Employee Handbooks: Finally, a Little Sanity

Every summer my family visits Dodgeville, Wisconsin to camp with my great friend Greg and his family. And almost every year we make the pilgrimage to Taliesin, Frank Lloyd Wright’s home and studio just up the road in Spring Green.

If you don’t know much about Mr. Wright here are some highlights. He was a genius. His architecture work was at least 50 years ahead of his time. Like a lot of geniuses, he was a bit nutty. If you have the misfortune of being married to, or fathered by, me or my friend (we are also a bit nutty), you are subjected to a campfire reading of Mr. Wright’s description of his home. He called it a “shining brow” on a hill. We affectionately call this a “mockutecture” reading. This might be why Greg and I had to visit

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Union Bailout Update

If you belong to the U.S. Chamber of Commerce (you should!) you received their Labor, Regulation, and Employee Benefits Division Labor Update. For those of you that don’t, just a taste of what the report contains, speaking of the Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2018:

“The bill would also fund the National Labor Relations Board at $249 million, which represents a decrease in funding of $25 million (the Board is currently funded at $274 million). The legislation contains the following funding limitations with respect to the NLRB:

Prohibits the use of ‘any new administrative directive or regulation’ with respect to electronic voting in representation elections conducted by the Board; Prohibits the NLRB from asserting jurisdiction over Native American employers; Bars the Board from using funds to

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Labor Relations Ink June 2017

In this issue:

Mafia/Union Ties Still Strong Union Wrestling Match Pensions On The Ropes Insight, SEIU Watch, Fight for $15 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

Three Things Congress Can Do to Fix Labor Law Today

It’s been another month and we remain not one step closer to a Republican majority National Labor Relations Board. I suppose you could say the Administration took a quarter-step when it announced this week its “intention to nominate” Marvin Kaplan to the Board. That’s a quarter-step in the right direction, but a better step would be officially nominating both Kaplan and Bill Emmanuel, so that the Senate can start the

Continue reading Labor Relations Ink June 2017

Labor Relations Insight

by Phil Wilson Three Things Congress Can Do to Fix Labor Law Today

It’s been another month and we remain not one step closer to a Republican majority National Labor Relations Board. I suppose you could say the Administration took a quarter-step when it announced this week its “intention to nominate” Marvin Kaplan to the Board. That’s a quarter-step in the right direction, but a better step would be officially nominating both Kaplan and Bill Emmanuel, so that the Senate can start the process of getting them confirmed.

Due to the congressional calendar (and the likelihood Democrats will be playing the four-corners offense the next two years) it’s all but certain that the we won’t have a Republican majority before the August recess. And there is no guarantee that Phil Miscimarra will continue on as

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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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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

Continue reading Labor Relations INK May 2017

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 of the Obama Board. When Obama came into office there was no urgency to fill Board seats because the Board only had two members, one Republican and one Democrat, so effectively everything was on hold. But today we have a Democrat majority Board, with a Democrat General Counsel, that continue to issue decisions and push big labor’s agenda.

The latest projections suggest a full, Republican majority Board in place

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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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It’s All Academic

Earlier this month, the NLRB ruled against Vanderbilt’s claim that full-time, non-tenure-track instructors are managers. This means that such instructors are entitled to union representation should they wish to pursue it.

Harvard filed an appeal this month to contest an NLRB hearing officer’s recommendation that a new election be conducted in response to the one held in November 2016 wherein the university’s graduate students did not win union representation. Those who support a new election argue that Harvard had “not substantially complied with the voter list requirements.” Those who believe the results of the election should stand argue, “students were highly engaged, and after nearly two years of organizing on campus by the HGSU-UAW, thousands voted in the November 2016 election—a majority in opposition to unionization.”

In April, SEIU Local 500 cancelled a vote at George Washington University on the eve of the election. We can only assume

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