NLRB Revamps Union Election Rule

The National Labor Relations Board (NLRB) this week published a proposed rulemaking that will revamp the agency rules regarding union representation elections. The first proposed rulemaking in an expected series of changes will reshape the current “blocking charge” which allows unions to stop decertification votes by alleging election interference. Under the NLRB proposal, decertification votes…

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Miscellaneous

A few weeks ago, we advised you that an employee of the Bernie Sanders Campaign had filed an unfair labor practice against the Democratic Socialist Senator from Vermont’s presidential campaign. Well, his supporters must have union issues front and center as another Bernie Sanders employee filed another unfair labor practice – but this one was…

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Democrat Campaigns Unionizing

Or had I been so inclined, I could have headlined this story “Another one bites the dust”. Believe it or not, we now have 5 democratic presidential campaigns where the staff belongs to a union. The campaign staff of New Jersey Senator Cory Booker, recently polling in the middle of the democratic presidential pack, has…

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Beating the Union at Its Own Game

The Portland Oregon-based burger chain, Little Big Burger deserves much credit for getting ahead of and defeating a unionizing effort by the Industrial Workers of the World (IWW) in 12 of the company’s 20 stores. The company first drew the union wrath a number of weeks ago after it terminated (for valid cause) an employee…

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With Acosta Out, Trump to Name Scalia

With the resignation of Labor Secretary Alexander Acosta, President Trump has announced his intention to nominate Attorney Eugene Scalia as his next Secretary of Labor. Acosta officially left the post last Friday, with Deputy Secretary Patrick Pizzella thought to have had a lock on the position going forward, but President Trump decided to go in…

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Poetic Justice – and a Delicious Irony

One can’t help but enjoy a different kind of news coming out of Bernie Sanders for President 2020 this week – that a campaign worker of his has filed an unfair labor practice complaint with the National Labor Relations Board! The self-described democratic-socialist has been one of the more vocal advocates for increasing the federal…

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US House Votes To Hike Minimum Wage

Despite months of intra-party fighting among different factions within the democratic membership, the U.S. House of Representatives approved a six-year phased increase in the federal minimum wage yesterday. The final vote of 233-199 in favor of more than doubling the current minimum of $7.25 to $15 an hour by 2025 came after a concerted effort…

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NLRB Issues on Unions, Member Conflict

One could argue that the National Labor Relations Board (NLRB) has been ground zero on a broad array of issues under President Trump as the administration tries to scale back anti-business regulations. And to drive that point home, this past week, the agency issued a ruling in a 3-1 decision in the Johnson Controls, Inc.…

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NLRB Gives Employer Win vs. Non-Employee Organizers

In a separate case decided a couple of weeks ago, the agency validated an employer removing non-employee union organizers from public areas of their property. Historically, employers have been able to keep non-employee organizers off their property with two significant exceptions – they could not discriminate (if one non-employee group can be there, then so…

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Joint Employer Comment Period Expires

The comment period on the Department of Labor joint-employer proposal came to a close earlier this week with more than 12,500 public comments having been submitted. As drafted, DOL’s proposed joint employer regulation employs a new four-part test to determine joint employer status under the Fair Labor Standards Act (FLSA). Those four components include the…

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