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Will Trump Bring Back the Union-Auditing Office? Phil Weighs in.

bloombergLate last week, Bloomberg published a deep dive article discussing whether or not the DOL’s Office of Labor Management Standards will change its policies once Trump takes the reigns.

What policies? you ask. Well you may remember when the Bush administration created a division within the OLMS to audit large international unions. Then early in the Obama administration, it was disband.

The question now is, will it be reinstated? At least to some degree?

Bloomberg reached out to Phil for comment. Click here to learn more.

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

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 and pushing to get as many labor rulings and regulations out the door as possible. If your company is a government contractor, the blacklisting rule is probably the most significant one of the year.

Originally proposed by Executive Order in 2014, the rule gives the DOL the power to discourage and even bar a federal agency from

Continue reading Labor Relations Insight by Phil Wilson

Labor Relations Ink July 2014

Screen Shot 2014-07-24 at 11.42.00 AM

In this issue:

Harris vs. Quinn Setback Hollow Pension Plans Keep Your Eye On The Ball Teamster-Affiliated Taxi Drivers Fear The Future SEIU Watch, Sticky Fingers, Only In a Union, Scoreboard and more…

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

hula-girlLabor Relations Insight by Phil Wilson

Unfortunately, at the time of the submission deadline for this issue, Phil was on a beach in Hawaii trying to keep the sand out of his ukulele. Thus no pithy insight from Phil included in this issue of INK. However, I’m sure the couple of weeks in the sun will contribute to

Continue reading Labor Relations Ink July 2014

Union Bailout Update

“The legal advisory department of the NLRB is on track to issue a ruling that could have devastating consequences for the nation’s 770,000 franchisees, the mom-and-pop owners of neighborhood restaurants, hotels, print centers, realtors and flower shops that directly employ 8.5 million workers.

Thus another bogus decision by the NLRB on the issue of “joint employer” status could devastate the franchise industry. As usual, Big Labor effort (and money) is behind it. Fortunately, the courts have so far defended the line between franchisor and franchisee. Keep a sharp eye peeled for this one.

Sen. David Vitter (R-La.)

Sen. David Vitter (R-La.)

The NLRB has condoned sexual harassment – as long as it occurs on a picket line! Another example of the double standard

Continue reading Union Bailout Update

Unions Allowed Onsite at Private Businesses

Union representatives can now legally accompany federal government safety inspectors on site visits to nonunion private businesses. This thanks to a very quiet and contested rule clarification issued by the Obama administration last year after a request from, get this, a United Steelworkers union representative.

The Occupational Safety and Health Administration (OSHA), a division of the Department of Labor, published the regulation in such a way that it does not refer to union directly, but rather any OSHA-approved “third party who is not an employee of the employer.”

Nonetheless, a Service Employees (SEIU) representative was allowed to tag along on a visit to Professional Janitorial Services (PJS), a nonunion Houston-based janitorial company, on the same day an OSHA inspector cited PJS for multiple safety violations. Not a bad “fact finding” ploy for union organizers, heh?

“By allowing outside union agents and community organizers access to nonunion

Continue reading Unions Allowed Onsite at Private Businesses

Tax-Payers Big Win Against Big Labor

President Obama’s issuance of Executive Order 13502 – a mandate encouraging government entities to require project labor agreements (PLAs) on federal construction projects – has been a hot button topic since it’s passage back in February 2009. In the years that have followed, the realities of it’s overt agenda with Big Labor has spurred many states to pass their own PLA reform.

The problem is clear: only 14.1 percent of the U.S. private construction workforce belongs to a union, and since PLAs essentially only award these big construction projects to contractors that “agree to recognize unions as the representatives of their employees on that job,” the other 85.9 percent of the construction workforce – the ones who believe in the importance of a free enterprise – “cannot compete on an equal basis for projects funded by their own tax dollars.”

Last week, Alabama become the 19th

Continue reading Tax-Payers Big Win Against Big Labor

Obama Gets Educated

The now-famous Noel Canning case took the spotligh again last week as the Supreme Court heard an unusually long 95 minute argument over the constitutionality of the President’s Jan. 4th decision to appoint three members to the NLRB after declaring that Congress was “in recess.”

National Labor Relations Board v. Noel Canning challenges the legality of decisions made during this period, claiming that the recess appointments were made illegally. The three-judge panel of the D.C. Circuit Court of Appeals agreed with Noel Canning and labeled Obama’s attempt to surpass the Senate as a violation of the separation of powers.

The Obama Administration, in turn, appealed claiming that they were simply invoking the Constitution’s recess-appointments clause – a clause that, according to Justice Elena Kagan, may be a “historic relic” from “the horse and buggy era.” Its intended purpose was to only be applied when an out of town lawmaker was

Continue reading Supreme Court Takes On Recess Appointments

Good Luck, Mr. Silvers

Lydia DePillis took an interesting stance in her recent Washington Post article as she discussed Damon Silvers, AFL-CIO policy director, and his quest to save organized labor. The problem, DePillis notes, is that it may not be possible.

This has little to do with Silvers himself whose work is one of a reputable nature – from his success at landing fair severance packages for employees at Enron and WorldCom after the collapse to his ability to eloquently transcend ideas from the working man to “Wall Street titans.” What it does have to do with are the facts. The fact is that organized labor is on a downhill slope with their membership at an all-time low of 11.3 percent of American workers.

According to Thomas Kochan, an industrial relations professor at MIT’s Sloan School of Business, most of America’s future business leaders “have no knowledge, no interest, and no

Continue reading Good Luck, Mr. Silvers

Labor Relations Insight

by Phil Wilson

This has been quite an eventful month for the NLRB. For the first time in over a year and a half the NLRB is about to go back to full (Senate confirmed) 5-member strength. This after the Senate narrowly avoided the so-called “nuclear option” when Democrats agreed to remove the controversial nominations of Susan Block and Richard Griffin in exchange for Republicans agreeing to approve the nominations of Richard Cordray (Consumer Protection), Tom Perez (Labor), and a new 5-member NLRB panel.

In consultation with the AFL-CIO Democrats agreed to confirm a new NLRB consisting of Democrats Mark Pearce (chair), Nancy Shiffer (associate general counsel at the AFL-CIO), Kent Hirozawa (chief counsel to NLRB chairman Mark Gaston Pearce) along with the two Republican nominees Harry Johnson and Phil Miscimarra. The full vote on those nominees should occur by the end of the week.

In what

Continue reading Labor Relations Insight