Archives: Unions

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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

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

Fifth Circuit Reins In NLRB After It Declares Basic Workplace Civility Policies Illegal

As we have reported to you in the past, workplace conduct policies have become a hotbed of trouble due to the NLRB’s recent focus on their potential for chilling union activity. In one such recent action, the NLRB attacked several employee handbook policies of employer T-Mobile USA, Inc./MetroPCS Communications, Inc. (MetroPCS is an affiliate of … 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

National Labor Relations Board Moves A Step Further Away From Its Current Pro-Union Composition

On July 13, the National Labor Relations Board took another step to shift away from the staunchly pro-union agency that has existed over the last eight years. This occurred when the Senate labor committee considered the nominations of Marvin Kaplan and William Emanuel, whom the Trump Administration had put forward for the two vacant Board … 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

A Last Hurrah?  NLRB Majority Elevates Form over Substance to Give Union Another Chance After Election Defeat

With a soon-to-be reformulated Board, which will be comprised of a majority of Republican appointees, don’t expect to see decisions like this again anytime soon.  In 2015, the NLRB pushed through changes to its rules governing the secret ballot election process by which employees determine whether they wish to be represented by a labor union.  … Continue Reading

Texas District Court Permanently Enjoins DOL’s New Persuader Rule

On Wednesday, the United States District Court for the Northern District of Texas granted a motion for summary judgment filed by a group of employers and law firms against the Department of Labor’s (“DOL”) new interpretation of the persuader rule, and entered a nationwide permanent injunction barring the rule’s application. The Labor Management Reporting and … 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

NLRB Concludes Graduate Assistants Are Employees, Authorizing Unionizing Attempt

In a much anticipated decision, the National Labor Relations Board on August 23 ruled 3-1 that Columbia University graduate students who perform teaching assistant and research assistant services at the university in connection with their studies are employees within the meaning of the National Labor Relations Act. The Board’s decision clears a path for private … Continue Reading
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