In episode three of the Labor Law Insider podcast, Husch Blackwell attorneys Tom Godar, David Hertel and Laura Malugade note the confirmation of Jennifer Abruzzo as General Counsel as well as two new nominations to the National Labor Relations Board which, upon confirmation, will usher in a new Democratic majority on the Board. With the
Missouri Supreme Court Voids 2018 Missouri Public Reform Law
On June 1, 2021, in a 5-2 decision, the Missouri Supreme Court sitting en banc affirmed a circuit court decision that voided in its entirety HB 1413, which was enacted by the Missouri legislature in 2018 and sought to change collective bargaining laws for public-sector labor organizations in the state of Missouri. We previously discussed the circuit court’s decision in our December 14, 2020 post, Missouri Supreme Court to Decide Constitutionality of Public Reform Law. While the circuit court decision permanently enjoined the Missouri State Board of Mediation and Missouri Department of Labor and Industrial Relations from implementing and enforcing the law, the law was not void with respect to entities that were not parties to the litigation—until the Missouri Supreme Court released its decision. As of June 1, 2020, HB 1413 is void in its entirety with respect to all entities in Missouri.
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Funny You Should Ask: Is a Vaccine Mandate Subject of Bargaining?
In this week’s edition of our “Funny You Should Ask” series, Tom Godar and Terry Potter discuss whether there’s a need to bargain before imposing a mandate that employees are fully vaccinated against COVID-19 before reporting to work: https://www.healthcarelawinsights.com/2021/05/funny-you-should-ask-is-a-vaccine-mandate-subject-of-bargaining/
Micro-Units Are Back in Healthcare Union Organizing
Hospitals and non-acute care settings beware: Micro-Units are about to make their way back into Healthcare Union organizing. Over the coming months, we can expect to see many significant changes to labor issues affecting healthcare and other sectors of our marketplace. The National Labor Relations Board (“NLRB”) is almost certain to reinstate the standards of what constitutes an appropriate bargaining unit as set forth in a 2011 case, Specialty Healthcare, allowing unions to target smaller groups of employees to organize. This case has encouraged Union organizing of Micro-Units in various settings, especially healthcare. The Board had overruled that decision in 2017, PCC Structurals, Inc., and returned to “community of interest” analysis which reviewed whether the unit employees “share a community of interest sufficiently distinct from the interest of employees excluded from the petition-for group to warrant finding that the purposed group constitutes as separate bargaining unit.”…
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How Legalized Sports Betting Will Impact MLB, the Players’ Union and Labor Relations
Husch Blackwell recently issued a legal alert regarding the decision by the U.S. Supreme Court to strike down federal gambling prohibition. The decision was handed down in a 6-3 opinion on May 14, 2018. A little over a week later, our Rudy Telscher talks with Katie Strang of The Athletic to discuss the impact the…
The NLRB Signals Significant Shift on Permissible Picketing Techniques
The National Labor Relations Board found that a union committed an unfair labor practice by repeatedly blocking ingress and egress to a hotel for periods of one to four minutes. The opinion provides details about the union’s picketing efforts as a part of an organizing campaign. The blockage occurred during at least ten separate occasions…
Union Membership Plummets in Most Right-To-Work States
As anticipated, the nationwide trend of enacting “right-to-work” (RTW) legislation has continued to grow – in the past few years alone, Indiana, Michigan, Wisconsin, West Virginia, and Kentucky have joined the growing list of RTW states. In these states, and the approximately twenty others that have adopted RTW legislation, employers are prohibited from requiring employees…
Non-Union Preference in Hiring CAN be Lawful
In SouthCoast Hospital Group, Inc. the NLRB originally found that the Hospital violated 8(a)(1) and (3) of the Act by maintaining and enforcing a hiring/transfer policy (HR 4.06) in which the Hospital gave preference to unrepresented employees over represented employees when filling positions at its non-union facilities. The Hospital, in responding to these allegations…
Missouri Moves Forward in Restricting Use of PLAs
On May 30, 2017, Governor Eric Greitens signed the Fairness in Public Construction Act, SB 182, into law. The Bill was introduced by Senator and Assistant Majority Leader, Bob Ondear and modifies Missouri’s law relating to project labor agreements (“PLAs”).
Under the current law, the State or any agency or political subdivision of the…
Why Missouri’s New Right to Work Law Does Not Apply to All Contractors
You have probably heard that Missouri joined 27 other states as a “Right-to-Work” state when Governor Greitens signed SB19 into law on Monday, February 6, 2016. Now you may be wondering what means for you.
The right-to-work law prohibits requiring employees to become a union member or to pay union dues as a condition of…