Perhaps in anticipation of Labor Day, the National Labor Relations Board issued its ruling in Browning-Ferris Indus. of Cal. d/b/a BFI Newby Island Recyclery, establishing an easier standard for unions to prove that a joint employer relationship exists. This will make it easier for unions to make the upstream company, like a parent company, liable for unfair labor practices, even if the upstream company had no direct involvement. Some Background [...]
On April 14, 2015, the National Labor Relations Board's new election rule went into effect. The new rule, which shortens the time frame for union elections, will make it easier for unions to organize. Employers must get prepared now, not when they hear about an election. As the NLRB Members who dissented from the final rule noted: The Final Rule has become the Mount Everest of regulations: Massive in scale and unforgiving in its [...]
Some time ago, I wrote about union THUGS (The Helpful Union Guys) that tormented merit shops to force contractors to use union labor on projects. The THUGS set fire to equipment, beat contractors with baseball bats, and picketed apartment complexes where contractors lived. Recently two of the ten union members plead guilty to arson-related charges, including two counts of maliciously damaging property by means of fire, extortion, and RICO conspiracy [...]
The business manager of the Ironworkers Local 401 and ten members were recently charged with conspiracy to commit criminal acts of extortion, arson, destruction of property, and assault in order to force construction contractors to hire union ironworkers. (Hat tip to Wally Zimolong’s excellent blog, Supplemental Conditions) This case, brought by the U.S. Attorney out of the Philadelphia, stems from the Local 401’s tactics to force contractors to use union [...]
The Department of Labor just announced that its Persuader Rules will not be issued in March, 2014, as had been expected. Exactly why the rules have been delayed is anyone’s guess, but the delay may be an effort to avoid the issue until after the mid-term elections this November. While the rules have been delayed, they are a very big deal. As we have blogged in the past, the rule [...]
The National Labor Relations Board reissued its ambush election rules that will shorten the timetable for union representation elections. This is the same rule that became effective in April, 2012, but was struck down in May, 2012 because the NLRB did not have enough members to approve the final rule. This rule reduces the time available for employers to organize an effective campaign against unionization in their workplace. The proposed rule changes [...]
A press release from the FBI revealed that three union members admitted to being involved in a campaign of threats, violence, and property destruction against non-union contractors to force them to enter into a collective bargaining agreement. This almost sounds like the plot of a bad Steven Seagal movie. The tactics used by the union members are alarming. One member stabbed a contractor in the neck, beat him up in a [...]
The Department of Labor has delayed its target date for publishing its final rule on the “advice exception”, a/k/a the “persuader rule”. It’s not clear why the rule was postponed, but opponents to the rule think the DOL postponed publication to shore up the language against anticipated legal challenges. Regardless, this rule could have significant impact on employers and how they deal with union organizing, so we’ll monitor this rule [...]
There was an interesting article in the Omaha World Herald last week that explored the background of the Shame On banners around Omaha and how ineffective they are. As you may know, the North Central States Regional Council of Carpenters has posted banners around Omaha, targeting job sites that do not use union labor on the project. The union claims that the contractors on the job site did not pay [...]
On April 5, 2013, OSHA issued an interesting opinion providing that employees at non-union workplaces may designate a union representative to accompany OSHA’s investigators during inspections. This guidance appears inconsistent with OSHA regulations and is a significant change in OSHA’s interpretation of its regulations. OSHA’s opinion concludes that non-union employees can select a person who is affiliated with a union or a community organization to act as their “personal representative” [...]
As many of you may know, the National Labor Relations Board’s (“NLRB”) decision in the Specialty Healthcare case overruled 20 years of practice regarding how it determines the "appropriate unit." Although it was hoped that this change impacted only non-acute health care facilities, it is now clear that the NLRB will apply the Specialty Healthcare decision across the board. What is an appropriate bargaining unit under Specialty Healthcare? In essence, [...]
The NLRB has again delayed the date by which you must post the employee rights poster. This poster was originally to be posted in November, then by January 30, 2012. Now, posting requirements are delayed until April 30, 2012. You can read the NLRB’s press release here. The NLRB explained that this latest delay was requested by the federal court hearing the challenges to the rule. Those opposing the rule, [...]
Well, it finally happened. The National Labor Relations Board (NLRB) voted 2 to 1 to amend its election procedures. For those of you whofollow the NLRB, the result was not surprising, with Democrats, Mark Pearce and Craig Becker, voting in favor of the rule, and Republican, Brian Hayes, voting against the proposal. The supporters of the amendment claim the changes will avoid unnecessary litigation and will do away with appeals [...]
The NLRB has issued an advanced copy of its final rule requiring employers to display a poster in the workplace explaining employee rights to form a union under the National Labor Relations Act ("NLRA"). The notice must be posted by November 14th. The notice must be an 11x17 poster detailing employees’ rights and contact information for employees who feel that a violation of the NLRA has occurred. Click here for [...]
Earlier this summer, the National Labor Relations Board (“NLRB”) released proposed amendments to its regulations that could significantly change the process for voting for or against unions. Click here for the proposed rules. The most troubling aspect of the proposed rules restricts the time non-union employers have to respond to organization efforts. Under the NLRB’s proposed rule, the time between when a petition is filed and when the election takes [...]
Have you received a letter from a union claiming you are not paying area standard wages? Have the picketers started visiting your worksite? What’s a company to do? Well, if the picketers are already on your doorstep, you have some catching up to do. If you haven’t received the letter, yet, there is time and plenty to do to prepare your company for a union campaign. There are a number [...]
