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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

Union Bailout Update

Alex Acosta

All employers will be able to breathe more easily once the union-friendly DOL officials have been swept from the administration. Case in point: DOL General Counsel Richard Griffin’s January memo claiming that football players at all 17 private schools in Football Bowl Subdivision (FBS) are employees under the National Labor Relations Act (NLRA), conflicting with an earlier decision by the NLRB in which it declined to exercise its jurisdiction over a representation petition filed by a union seeking to represent Northwestern University’s scholarship football players. Rep. Virginia Foxx, head of the House Education and the Workforce Committee, called on Griffin to “abandon his partisan agenda or step down immediately.”

With the nomination of Alex Acosta to head the Dept of Labor, and the appointment of

Continue reading Union Bailout Update

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

Union Bailout Update

Dotting the i’s and crossing the t’s during organizing campaigns remains critical, as the recent URS Federal Services, Inc. case demonstrates. In this case, the employees overwhelming voted against unionization (91-54). However, although the union had been provided the Excelsior list by the required deadline, it called for an overturning of the election results because the union received the list from the NLRB regional director instead of directly from the employer, as the rule specifies, as amended in December 2014. The NLRB reversed the regional director’s ruling and nullified the election.

The issue of whether or not employer arbitration policies that prohibit employees from filing class or collective actions are a violation of the NLRA is on it’s way to the Supreme Court. The NLRB contends such policies inhibit concerted protected activity and are thus a violation of the law. The circuit courts are split on the issue,

Continue reading Union Bailout Update

Election Ripples

It is too early to make any real judgments about exactly how Trump’s presidency will impact the world of labor relations. Phil has already addressed the possible impact on the NLRB specifically, but if you want to review a few other prognostications, here’s a recent list. We won’t spend much time on theory, but will keep you apprised once words become actions.

Chicago Tribune: How will the workplace change under Trump? Here are a few clues, issues

International Labor Rights Forum: Trump’s Pro-Worker Rhetoric: Reality or Ruse?

National Law Review: What to Expect From a “Trump” NLRB

Washington Examiner: Labor awkwardly promises to work with Trump

Labor Secretary Nominee Andrew Puzder

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

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