Unions (labor relations)

This may just be the greatest union-avoidance banner evah!

March 21, 2014 | by Eric B. Meyer

Yesterday, I read with interest Jon Hyman’s post at the Ohio Employer’s Law Blog about how Target has employed a 14-minute training video to help keep its workplace union free. Gawker has posted a copy of the video here. Like a bear crapping in the woods, Gawker pokes fun of the Target video. Cheesiness aside, I find it to be pretty effective.

But Target ain’t got nothing on Subaru of Wichita. (h/t Jeff Nowak)

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NLRB renews its effort to expedite union elections

February 6, 2014 | by Eric B. Meyer

Back in 2011, the National Labor Relations Board tried to pass certain rules that would have changed the union-election process in eight ways:

Allow for electronic filing of election petitions and other documents.

Ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process.

Employers may force employees not to file class actions

December 4, 2013 | by Eric B. Meyer

As my buddy Rubo used to say: “It’s like school on Saturday; no class.”

Read all about it — yesterday’s BIG federal appellate court decision; not my buddy — after the jump…

New PA bill would make the Commonwealth a right-to-work state

October 2, 2013 | by Eric B. Meyer

Before I get into the this new bill, let’s clear up a popular misconception: David Hasselhoff lives in my basement rent-free right-to-work means that an employee can be fired at any time for any non-discriminatory reason. No, dudes. That’s called at-will employment.

Right-to-work laws give individual employees in a unionized workplace the right not to join or financially support the union. 24 states, plus Guam, have passed right-to-work laws. Absent a right-to-work law, all employees in a collective bargaining unit must join the union and pay union dues.

And Pennsylvania could be next.

Senate confirms five members to the National Labor Relations Board

July 31, 2013 | by Eric B. Meyer

Ladies and gentlemen, the National Labor Relations Board is back in business.

(Well, somebody tell that to the Board, where it’s been business as usual lately. More on that in a moment.)

Yesterday, the Senate voted mainly along party lines to confirm five members — a full slate — to the Board.

That’s what they said: Lotsa NLRB news, and an employment-law carnival

July 18, 2013 | by Eric B. Meyer

So much labor-and-employment-law news this week, I’ll do what I can to cram it into a single post. Here goes…

From Seth Borden at Labor Relations Today comes this news about the Senate agreeing to — gasp — seat a full five-member National Labor Relations Board. How could this happen? Something about a nuclear option ~~and compromising photos.~~.

Staying with the labor theme, Joel Barras at Employment Law Watch reports here about a recent advice memorandum from the NLRB’s General Counsel in which the GC concludes that employers must bargain with their unions before implementing new social media policies. No shock there.

Does firing a law firm associate for discussing wages violate federal labor law?

June 11, 2013 | by Eric B. Meyer

There’s not a whole lot that we have in common. I’m more erudite (you know, the blog thing), better looking, and more ~~arrogant~~ confident.

Given our differences, what I’m about to say may come as a surprise: when I was a associate attorney, I discussed salaries with other associates.

(I’ll pause as the shock dissipates).

Employee posts “FIRE ME…Make my day…” on Facebook. And guess what?

May 28, 2013 | by Eric B. Meyer

Yep.

And not even the Associate General Counsel at the National Labor Relations Board could save this employee.

In Tasker Healthcare Group, d/b/a Skinsmart Dermatology, the Charging Party — and nine other people (of whom seven were current employees) participated in a private group message on Facebook. During that sesh, the Charging Party started mouthing off about his employer, saying, “They [the Employer] are full of shit … They seem to be staying away from me, you know I don’t bite my [tongue] anymore, FUCK…FIRE ME….Make my day…”

3d Cir: Obama NLRB recess appointments (Becker too) were unconstitutional

May 16, 2013 | by Eric B. Meyer

In a 2-1 decision issued today (copy here), the Third Circuit Court of Appeals ruled that the National Labor Relations Board lacked the authority to act as early as March 2010, when President Obama appointed Craig Becker to the Board. The Third Circuit held that Member Becker’s appointment to the Board while the Senate was on an intrasession recess (a break within a session of the Senate) was unconstitutional. Implicit in the court’s decision is that the appointments of Members Block, Griffin, Flynn in 2013, while the Senate held pro-forma sessions, were also invalid.

The Third Circuit ruled that recess appointments are only valid if made during intersession breaks (i.e., between sessions of the Senate).

This decision is crazy-long (102 pages plus a 55 page dissent). Thankfully, my Dilworth Paxson colleagues, Erin Galbally and Marjorie Obod prepared an e-alert summarizing the decision.

Appeals Court: NLRB union-rights poster violates free-speech rights

May 9, 2013 | by Eric B. Meyer

Thumbnail image for rights poster.png

On Tuesday, the D.C. Circuit Court of Appeals ruled here that the National Labor Relations Board cannot require private employers — union and non-union — to hang this poster in a conspicuous location in the workplace. Billed by the Board as a notice advising employees of their rights under the National Labor Relations Act, many employer groups viewed the “mandatory” poster as more of an encouragement to unionize than as a neutral informational poster.

Previously, the lower court in DC had upheld the poster rule. Meanwhile, a South Carolina federal court had shot it down.

The appellate court determined that the poster rule would violate employers’ free speech under Section 8(c) of the National Labor Relations Act. The appellate court also ruled that the poster rule unlawfully expanded the Board’s enforcement powers.