One of the more enduring principles of labor law in America is that workers who are unhappy with their union representation have the right of exit. The current National Labor Relations Board (NLRB) seems determined to narrow if not eliminate this right. On April 21, the board, by 3-1, ruled in Mountaire Farms Inc. that […]
National Labor Relations Board (NLRB)
Federal Judge Guts DOL Joint Employer Rule; Unions Cheer
Should a company be liable for negotiating a collective bargaining agreement alongside one of its contractors or franchisees even if it doesn’t set any workplace rules? U.S. District Judge Gregory Woods of the Southern District of New York thinks it should. On September 8, Judge Woods struck down a key portion of a rule change […]
Two Minnesota Workers Win $30K Settlement from Teamster-Represented Employer
Unions long have bitterly opposed the Right to Work principle. But some, in their desire to generate dues, may deceive workers into joining. International Brotherhood of Teamsters Local 120 did – and so far hasn’t succeeded. On March 25, two Minnesota building materials employees announced a back pay settlement of more than $30,000 with a […]
NLRB Restores Employer Right to Restrict Employee Email Organizing
An employer’s email system is as much private property as its computer equipment or real estate. The National Labor Relations Board once again, if belatedly, has affirmed this fact. On December 16, the board in Caesars Entertainment voted 3-1 to reestablish the right of an employer to restrict employee use of company email and other […]
The PRO Act Gives Unions Everything They Could Want
If there is a worse piece of legislation in the history of American labor relations than the Protecting the Right to Organize (PRO) Act, one would be hard-pressed to find it. This gift to organized labor, introduced in May by Rep. Bobby Scott, D-Va., and Sen. Patty Murray, D-Wash., would dismantle virtually every existing safeguard […]
NLRB General Counsel Rules on Behalf of Harassed Workers
Pressuring employees into giving a union permission to deduct dues from paychecks is a common practice. This “dues checkoff,” however, soon may become uncommon. On July 12, the National Labor Relations Board’s Office of the General Counsel, in separate cases, announced that it had ruled on behalf of two workers who refused to sign dues […]
Chattanooga VW Workers Again Vote to Remain Nonunion Despite No Support from Management
Give the United Auto Workers credit: It doesn’t give up easily. But the union’s years-long effort to organize the Volkswagen assembly plant in Chattanooga once again has met with defeat. Last Friday, June 14, VW management announced that its full-time permanent workers there had voted to reject union representation. The 833-776 margin was even closer […]
Court Rejects Employer Challenge to ‘Ambush Election’ Rule, Rewards Unions
The Obama-era National Labor Relations Board, with its built-in pro-union majority, gave organized labor plenty of organizing and bargaining advantages, but none perhaps as far-reaching as the “quickie” or “ambush” election rule. Now an appeals court has upheld it. On April 19, a three-judge panel for the District of Columbia federal circuit court, in UPS […]
NLRB Proposes Rule to Prevent Union Abuse of Joint Employer Bargaining
Should a corporation be forced to negotiate alongside contractors or franchisees even if it doesn’t set their workplace standards? Once again, the National Labor Relations Board is attempting to clarify this contentious issue. On September 14, the NLRB issued a Notice of Proposed Rulemaking that would assign a company ‘joint’ or ‘dual’ employer status along […]
NLRB Rules in Favor of Dissenting Disney World Teamsters
A union can be counted on to react poorly in the face of news that its members are leaving. It may even break the law to prevent attrition. On June 20, the National Labor Relations Board, upholding an administrative court ruling, ordered International Brotherhood of Teamsters Local 385 to reimburse former members for dues deducted […]