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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

Continue reading Labor Relations Insight

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The DOL under new head Alexander Acosta has withdrawn two memos (or administrative interpretations) originally posted by the Wage & Hour division related to independent contractor and joint employer status.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

Continue reading Union Bailout Update

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

Continue reading Labor Relations Insight

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

Continue reading Union Bailout Update

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

Continue reading It’s All Academic

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

It’s All Academic

Duquesne University Campus

The NLRB upheld a regional decision stating that Duquesne University must start recognizing the collective bargaining rights of part-time instructors who voted to unionize in 2012. It doesn’t seem like this ruling, however, is going to have much of an actual effect on the actions of Duquesne administration–who wholeheartedly stand by their opinion that the federal labor board has no control over the Catholic university.

A similar situation seems to be playing out at Yale University. However, Yale’s argument has more to do with the union’s strategy for organizing its workers. The administration is still not convinced that Local 33’s micro-unit approach (one that kept 90 percent of the doctoral students out of the vote) was legal.

At Harvard,

Continue reading It’s All Academic