In a prior post, we discussed the Department of Labor’s issuance of a new final rule that expanded disclosure requirements for companies that hire union avoidance consultants. The Department’s new “persuader” rule required employers to report the hiring of such consultants whenever these third parties engaged in indirect persuader activities (e.g., planning employee meetings,
The 2016 Election – Right to Work, NLRB Vacancies, and Other Labor Implications
The legal environment for labor unions in Missouri, and across the nation, will change as a result of the 2016 state and national elections. In Missouri, the election of Eric Greitens as Governor and the supermajority of Republicans in the Missouri Senate signal the likely addition of Missouri to the list of states to have
NLRB Plans to Push for Protection of Partial Strikes
On October 3, the National Labor and Relations Board (NRLB) Office of the General Counsel (OGC) issued a Memorandum from the Division of Operations-Management to all Regional Directors, Officers-In-Charge, and Resident Officers. This Memo (Memorandum OM 17-02) reveals an aggressive new position from the OGC, one which attempts to overturn decades of Board precedent.
For
Weingarten Confusion
In most situations the NLRB’s long established Weingarten doctrine can be applied in a fairly straight-forward fashion. But I still get questions regarding the interplay of drug and alcohol testing when it comes to Weingarten. This is probably due to the fact that the Ralphs Grocery Company decision, which issued in 2014, is a
Nerds Win, Jocks Lose
Once again I shake my head at the NLRB’s analysis in their application of the National Labor Relations Act. In the high profile Northwestern University case which issued in August of last year, the Board found that it would not assert jurisdiction over the grant-in-aid scholarship football players of Northwestern University, citing in particular the
Seventh Circuit Creates D.R. Horton Split, While Eighth Circuit Maintains Prior Position
On May 26, the Seventh Circuit Court of Appeals issued its decision in Lewis v. Epic Systems Corporation, another case evaluating the NLRB’s position that class-waiver provisions in arbitration agreements violate the National Labor Relations Act. However, unlike any other Circuit Court that has addressed this issue thus far, the Seventh Circuit agreed with
D.C. Circuit Strikes Down NLRB Duty to Bargain Requirement
In an unpublished decision, which issued on May 3, 2016, the United States Court of Appeals for the District of Columbia made it clear that there was a “fundamental and long-running disagreement” between the Court and the Board as to the appropriate approach by which to determine whether an employer had violated Section 8(a)(5)
Union Avoidance Consultants Under Attack
On March 23, the Department of Labor released the final version of its controversial and expansive rule that changes the disclosure requirements for labor relations consultants who aid employers with their union avoidance measures.
What Does That Mean to Employers?
Previously, a consulting firm was required to disclose activity to the DOL only when it
DOL Gets Slammed by DC Circuit Over Davis-Bacon Application
As you may recall, The Davis-Bacon Act applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair of public buildings or public works. This week, The United States Court of Appeals for the District of Columbia struck down an attempt by the DOL
NLRB General Counsel Blocks Longstanding Process to Facilitate Settlement in NLRB Proceedings
An order, dated February 19, 2016, by the Board granted special permission to appeal and invited briefs over the issue of whether or not they will continue to permit Administrative Law Judges to issue orders granting settlement terms proposed by a respondent, to which no other party has agreed to, over the objections of