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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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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

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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

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Unions On The Campaign Trail

Big Labor is reaching deep in their pockets to sway votes in the 2016 campaign.

In fact, the Wall Street Journal reported that labor unions “have spent close to $110 million on the elections from January 2015 through the end of August, which is close to 40 percent more than the $78 million spent at the same point in 2012.”

The AFL-CIO, specifically, has spent $11.4 million (quick reminder: the organization endorsed Clinton in July). Additionally, just before the third debate, the Service Employees and iAmerica Action initiated their $3 million advertising campaign on Spanish-language television stations. The advertisements highlight Trump’s “build a wall” platform.

Unions are also focusing heavy on the Senate races, as the Senate has the final say in presidential appointees to agencies like the NLRB and the DOL.

Not only is Big Labor contributing heavily financially, the AFL-CIO has also set into

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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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The Six Percent Solution

According to a recent study by the Heritage Foundation, only 6% of current private-sector union members actually voted for the union representing them. In many cases these employees applied for work at companies already represented by a union. Also, this isn’t necessarily an indication of the percentage of those workers that would support the union. However, because of the difficulties of decertifying a union, it is an indication of a problem that should be addressed by changes to labor law.

Once such attempt is the Employee Rights Act, which would require that a union secure the support of a majority of all workers in a unit it wishes to represent, rather than a majority of those who vote. It would also require the recertification of a union once more than half of those employees who originally voted for it have left the company.