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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

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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

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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

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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

Union Bailout Update

McDonald’s has become the poster child for testing the breadth of impact of joint employer status. In a recent sexual harassment case, the EEOC has indicated it plans to follow the reasoning of Browning-Ferris, allowing it to “apply new legal standards” if it confirms the allegations.

The NLRB just made “on-premises” restrictions to picketing activity a more slippery slope in the Capital Medical Center ruling. Off-duty employees could not be constrained from picketing peacefully near the entrances of the hospital. The board applied a balancing test weighing employee’s Section 7 rights against the employer’s property rights, and since the picketers were not disrupting healthcare operations, they were allowed to continue.

The NLRB General Counsel is attempting to expand protection to striking workers, asking regional directors and officers to change precedent and take a new legal direction outlined in a model brief for use with intermittent and partial

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Wilson Quoted in Fortune Article on VW/UAW Debate

fortuneFortune lends an ear to Phil in this recent article on Volkswagen’s decision to challenge the NLRB’s ruling on organizing via micro-units.

 

Phil Cited on Volkswagen's Challenge to

whtc-logoThe Auto Workers are leading a charge to allow unions to organize small groups of workers within companies. Volkswagen has bore the brunt of this very controversial strategy.

WHTC in Michigan reached out to Phil for comment. Click here to dive in.

Labor Relations INK, September 2016

In this issue:

Education Taking Big Hits The Six Percent Solution Unions Urban Impact SEIU Watch, Insight, 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

Today is the first day of fall. This is my favorite time of year. School starts back up and things tend to get into a more normal routine. The weather begins to cool off. The hiking trails around here get much more bearable (not to mention beautiful). And football season is in full swing (Go Blue! And Go Team Big House – my fantasy football team).

bright-autumn-road-popular-trees

While I really enjoy this time of year, it is not without its downsides. Last weekend I personally witnessed another favorite team,

Continue reading Labor Relations INK, September 2016

Union Bailout Update

It was apparent from the beginning that the new “Blacklist” rule instituted by Executive Order was nothing more than a handout to unions. A recent Teamsters blogpost confirms exactly how Big Labor plans to use this gift. To quote from the post:

Using the Order

The Executive Order gives unions unprecedented new leverage against companies and institutions that contract with the federal government. Unless the Order or its implementing regulations are overturned by the courts (employers have promised lawsuits) or revoked by a future president (wonder who), unions should be able to significantly increase their bargaining power by the simple expedient of filing meritorious charges with the NLRB, OSHA, the EEOC, or the DOL.

Consider a union that strikes an auto plant for a new contract. Soon after workers hit the bricks, the union president has the following conversation with the general manager:

Morris, we are two weeks

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Labor Relations INK – August 2016

In this issue:

Joint Employer Status Between A Rock And A Hard Place Do As I Say, Not As I Do Another Merger To Save A Union SEIU Watch, Insight, 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

Blacklisting and The Offer You Can’t Refuse don-vitoDon Vito Corleone famously suggested the way you get a guy to do what you want is to, “make him an offer he can’t refuse.” This week the Department of Labor finally issued its rules for enforcing the “blacklisting” regulation. And unions are ready to use the new regulation to take a page out of the Corleone playbook.

The Obama administration is heading into the home stretch

Continue reading Labor Relations INK – August 2016