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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 instead pointed to Restaurant Horikowa for guidance related to retail establishments.

NLRB General Counsel Richard Griffin is urging the board to accept intermittent work stoppages as a legitimate labor tactic, particularly threatening the ability of healthcare and retail facilities to operate effectively.

The 11th Circuit demonstrated just how tricky it can be to create no-solicitation policies in mixed-use areas within a facility. Permanent mixed-use areas must be treated differently than “converted” mixed-use areas, and you should be aware of the difference.

The Fourth Circuit reversed itself and has determined in a South Carolina nursing home case that nurses are not supervisors, citing the Supreme Court’s Kentucky River decision as the rationale for the switch.

There are a few items to express gratitude for this Thanksgiving season!  As we mentioned in a news blast last week, a Texas judge permanently blocked the Persuader Rule, saying the rule change likely violated the First Amendment and was arbitrary and capricious. And the Sixth Circuit ruled that counties and other municipalities in Kentucky, Michigan, Ohio and Tennessee can legally pass local right-to-work laws, overturning the ruling of a lower federal court. According to Judge David McKeague, local governments are included within the phrase “the states” because they are subdivisions of state government. Thus federal labor statutes granting the authority to pass right-to-work laws to “the states” includes the smaller municipalities.

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