The D.C. District Court issued an opinion on the 29th in which it upheld the NLRB’s massive changes to its R Case procedures. Overall, the Court found that the objections and challenges put forth by the Chamber of Commerce were “simply matters of disagreement with the choices made by the Agency entrusted by Congress
Another Double Standard Established By The NLRB
On June 26, 2015 the Board issued a decision in American Baptist Homes of the West d/b/a Piedmont Gardens in which it overruled precedent that has been in place since 1978 which had exempt witness statements from disclosure under the request for information guidelines per Section 8(a)5 of the Act. Notwithstanding strong public policy to
Right to Work Translated to Right to Pay
With the recent change in events whereby, state by state, legislation is being passed to implement right to work laws, labor unions are responding by promoting, through the NLRB, a “fair share policy” requiring non-member bargaining unit employees pay a grievance processing fee. Indeed, the NLRB has issued a Notice and Invitation To File Briefs
No Good Deed…
As many of you know, there has been a rash of data breaches with various entities in recent years with the Post Service being among those impacted. An interesting twist of this whole drama is the fact that when the breach took place with respect to the Postal Service, they acted quickly, in an attempt
Higher Education A Hotspot For Union Organizing
Adjunct Instructors
Given past restrictions by rulings from the Supreme Court and the NLRB, union organizing in higher education simply has not been very effective. One of the primary hurdles for most unions in the education arena has been the managerial status of full-time faculty, which would exempt them from coverage under the National Labor
Missouri’s Right to Work Efforts Continue
A bill that would make Missouri the latest state to adopt so-called right-to-work laws or policies passed the Republican-controlled House here on Thursday, but without enough votes to override an expected veto from the Democratic governor.
The business groups and conservatives that have for years pushed for a Missouri right-to-work law had hoped they would
Remarkable Action By Governor of Illinois
The Governor of Illinois, Bruce Rauner, today issued an Executive Order banning fair share fee agreements for public sector workers in the state. Under the Order, all state agencies are “prohibited from enforcing . . . Fair Share Contract Provisions.” Much of the Order describes the Governor’s reading of Harris v. Quinn and his conclusion
Don’t Fix It If It’s Not Broken
Well once again the NLRB is attempting to change the rules of the game when it comes to union organizing. They recently announced new regulations in the election process which is already subject to litigation in the courts through various employer associations. The current administration, with assistance from the various trade unions, has stated over
Harry and Phil Are Right . . . Pull the Plug on D.R. Horton
I understand the need to “push the envelope” when you sit in the position of being a prosecutor, as does the General Counsel for the NLRB, but the Board itself does not sit in that role. Nor should it ignore the legal directions of the Supreme Court, and other courts of this land, which have
Discovery in Labor Arbitration
Normally, by the time an issue has been processed through the various steps of the grievance procedure, both parties know what the facts and relevant documents are prior to the arbitration. But sometimes that process breaks down and the parties fail to fully develop the factual foundation prior to the arbitration hearing. Then the union