Archives: Collective Bargaining

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US Supreme Court to Hear Challenge to Public-Sector Union Fees

On September 28, 2017, the US Supreme Court agreed to hear a challenge to the so-called “fair share” fees public employee unions collect from non-members. The justices agreed to hear a case brought by non-union government employees in Illinois that targets fees that their state and many others compel such workers to pay to unions … Continue Reading

The form labor agreement that’s making headlines in Japan

Last week, Japanese newspapers reported that a national medical research center in the suburbs of Osaka had entered into a so-called “36 agreement” with its doctors and nurses in 2012, allowing these employees to work up to 300 hours of overtime per month and up to 2,070 hours of overtime per year. (To be clear, … Continue Reading

DC Circuit Says Nurses Not Improperly Denied Weingarten Rights During Peer Review Investigation Interview

One of the long-standing rights under the National Labor Relations Act (“NLRA”) is for union-represented employees to be accompanied by a union representative at workplace investigatory interviews that the employee reasonably believes may result in disciplinary action.  These rights are referred to as “Weingarten” rights after the case, NLRB v. Weingarten, Inc., in which the … Continue Reading

Senate Confirms Trump NLRB Nominee Marvin Kaplan; Delays Confirmation of William Emanuel

On June 19, we predicted that the Trump administration was expected to formally announce attorneys Marvin Kaplan and William Emanuel as candidates to fill the two vacant slots on the National Labor Relations Board. As predicted, President Trump did, in fact, nominate Messrs. Kaplan and Emanuel to the Board earlier this summer. The nominations went … Continue Reading

Federal Court Overturns NLRB, Says Jimmy John’s Employees’ Disloyal Conduct Not Protected 

In a closely-watched case, on July 3, 2017, the U.S. Court of Appeals for the Eighth Circuit refused to enforce a National Labor Relations Board (“NLRB” or “Board”) decision in which the Board found MikLin Enterprises, Inc. (“MikLin”), owner of 10 Jimmy John’s franchises in the Minneapolis, Minnesota area, violated the National Labor Relations Act … Continue Reading

Hearing Set Before Senate Committee on NLRB Nominations

Updating our June 19 post, as expected, President Trump nominated Marvin Kaplan and William Emanuel to fill the two currently-vacant seats on the National Labor Relations Board.  A hearing on their nominations is now scheduled for July 13 before the Senate Health, Education, Labor & Pensions (HELP) Committee.  If recommended by the HELP committee, the nominees … Continue Reading

Missouri Becomes 28th State to Pass Right-to-Work Law    

On February 6, Missouri Governor Eric Greitens signed into law SB 19, making Missouri the 28th state to adopt right-to-work legislation.  The law goes into effect on August 28, 2017, and provides that no employee may be required as a condition of employment or continued employment to become a member of a union or to … Continue Reading

NLRB Exercises Jurisdiction Over Charter Schools

It’s been a busy summer for the National Labor Relations Board.  After issuing important decisions expanding the reach of the National Labor Relations Act to allow university graduate assistants and  temporary workers to seek to join unions, as well as decisions expanding back pay awards and limiting employers’ ability to replace striking staff, on August … Continue Reading
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