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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

Labor Relations Insight December 2016

by Phil Wilson 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 BIG (or should I say huge) opportunities to improve the way the NLRB does business.

I’d like to take this opportunity to suggest four things the new administration should add to the priorities list. Most of these could be implemented right away and

Continue reading Labor Relations Insight 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

Big Labor Perplexed

Having thrown $530 million of workers’ dues into mostly Democratic Party groups and liberal causes over a four-year period, only to see barely half of union households voting for their candidate in the recent election, union leaders seem to be flailing around in a state of confusion. Now they can’t decide if Trump’s efforts to keep U.S. jobs from crossing borders should be applauded, and they can’t even agree to support former Big-Labor darling Tom Perez in his bid as chairman of the Democratic National Committee.

On the one hand, it’s quite entertaining to see Big Labor stumbling around attempting to collect itself. On the other hand, one must not overlook what unexpected actions a bear backed into a corner might take. They could still make life miserable for some!

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

Election Results and Expectations

If you are interested in election prognostications and missed our Fall Labor Update Webinar, you should review it here. For another list of potential impacts to labor professionals, take a look at the details behind this list posted by Fisher & Phillips attorney Jeffrey Mandel. His list includes the following:

Immigration Labor relations Pay equity Data security Supreme Court nominations Employee leave Workplace safety Wage and hour Affirmative action and federal contractor compliance Non-competes and other post-employment restrictive covenants

All four states that had a ballot initiative to raise the minimum wage passed them (Washington, Arizona, Colorado and Maine). Right-to-work met with mixed results, with Alabama enshrining the existing right-to-work statute in their constitution, and Virginia defeating a right-to-work initiative. However, due to Republican election victories at the state level, expect to see additional statewide right-to-work laws proposed for Kentucky, Missouri and New Hampshire.

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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

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 of the same.” That is a safe bet. But if Hillary Clinton manages to pull off a landslide in the electoral college (vey possible) she will be in a stronger position to get at least some legislative work done in her

Continue reading Labor Relations Insight