The Fourth Circuit Court of Appeals, which oversees federal appeals in states along the east coast from Virginia to South Carolina, recently ruled that a union violated the secondary-boycott provisions of the NLRA by filing frivolous lawsuits against a developer. In this case, a developer in Maryland agreed to lease space to Wegmans Grocery Store in a recently completed shopping center. The United Food and Commercial Workers’ Union told the [...]
Michigan has joined the 23 other Right-to-Work states in exercising the Taft-Hartley amendments to the National Labor Relations Act prohibiting union security clauses in collective bargaining agreements. Union security clauses require all employees to pay dues to a union as a condition of employment. Nebraska’s and Iowa’s Right-to-Work laws have been on the books since 1947. In essence, the laws provide that no one may be denied employment because of [...]
As we discussed earlier this week, the Southeastern Carpenters’ Union was ordered to pay $1.7 million for damage its coercive picketing caused to Fidelity Interiors, a drywall company in Atlanta. There are several lessons that can be gleaned from the Court of Appeals’ 31 page opinion. You can get a copy of the opinion here. Get Copies of Union Letters, Leaflets and Materials A large portion of the opinion addressed [...]
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, [...]
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 [...]
