Another Micro-Union

NLRB Region 10 Director John Doyle ordered a union election for a sub-group of employees at the Boeing Company, despite a December decision by the full National Labor Relations Board that narrowed the circumstances under which micro-units could be created. This case involves approximately 180 flight readiness technicians and inspectors seeking to organize as a…

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Return of the Micro-Union

They were thought to be a thing of the past once the NLRB overturned its own 2011 Specialty Hardware decision back in December, but now micro-unions seem to be back in play. A decision by an NLRB regional office allowed a subgroup of about 100 welders within an aircraft engine manufacturing company was allowed to…

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NLRB Announces Regulatory Joint Employer Fix

Having vacated the decision by which the NLRB was re-establishing the historic definition of joint employer, the NLRB announced on Wednesday, that the agency was considering changing the definition by a regulatory rulemaking, rather than waiting for another case to raise the issue. That announcement prompted a bit of a twitter war between new Chairman…

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Throwing in the Towel?

Just a week or so ago, a Portland Oregon Burgerville became the first fast food restaurant to be unionized when its employees voted 18-4 in an NLRB sanctioned election to unionize and become members of the Portland chapter of the Industrial Workers of the World (IWW). Immediately thereafter, employees of another of the Vancouver, Washington-based…

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35-Day Wait for Union Elections?

The Obama-era NLRB adopted the so-called “Ambush Election rule” back in December 2014 with the significantly shortened timeframe taking effect on April 14, 2015. The effect of the rule change was significant and among other changes, served to reduce the time frame from the filing of a union representation petition to the holding of the…

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NLRB Funding Fracas

There’s more NLRB intrigue when we talk about funding the agency received in the Omnibus Spending bill signed in late March to keep the government running through the end of the fiscal year. The White House Office of Management and Budget is trying to claw back some of that funding (a $192 million increase over…

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Browning-Ferris Back in Court

The US Circuit Court of Appeals for DC has accepted the Browning-Ferris case for consideration again in the wake of the NLRB vacating its decision in Hy-Brand Industrial Contractors that overturned the new joint employer definition established by the NLRB under President Obama in the Browning-Ferris decision. After the original Hy-Brand decision, the court remanded…

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Hy-Brand Asks NLRB To Reinstate

It was the decision that was  . . . until it wasn’t, of course. And now, the plaintiff in that case, Hy-Brand Industrial Contractors has asked the National Labor Relations Board to reinstate its original decision, which the Board vacated in February – a decision in favor of Hy-Brand and one that overturned the new…

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Joint Employer: Still Front & Center

We thought it was resolved for good back in December with the NLRB decision in the Hy-Brand Industrial Contractors case, but the Inspector General’s report on that vote and Bill Emanuel’s participation in it changed that outcome. Now comes a request from the Competitive Enterprise Institute that the same Office of the Inspector General investigate…

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NLRB, McDonald’s Settle Joint Employer Suit

Although still subject to acceptance by the Administrative Law Judge, the National Labor Relations Board (NLRB) and McDonald’s Corporation have reached a tentative agreement that brings a 2014 lawsuit initiated by the Obama NLRB to a close. The tentative settlement, the terms of which have not been disclosed, does not include any admission of wrongdoing…

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