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…
More Micro Management by the NLRB
The General Counsel of the National Labor Relations Board (“NLRB”) recently issued a 30 page report summarizing its position on employer work rules (such as, most commonly, employee handbooks) and providing examples of what does and does not have a “chilling effect” on possible concerted (i.e., potential union) activity as defined by Section 7 of…
Search First, Ask Questions Later
A recent Advice Memorandum from the NLRB’s Office of the General Counsel suggests that a worker’s right to Union representation during an investigatory interview attaches to a search conducted in conjunction with such an interview only if the worker knows about the search.
In this case, Southwestern Bell Telephone Company interviewed an employee as part…
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…