Senators Target NLRB Enforcement Power

Apparently the different visions of enforcement priorities within the National Labor Relations Board (NLRB) under the Trump versus Obama administration have prompted a number of US Senators to look to strip the agency of all enforcement powers. Senator Mike Lee (R-UT) and a host of other conservative republican Senators have refiled legislation seeking to transfer…

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DC Think Tank Charges NLRB Favors Business

After so many years of National Labor Relations Decisions coming down on the side of organized labor, the tide has now turned according to a liberal Washington DC think tank. The left-leaning Economic Policy Institute released an analysis of NLRB decisions this week that they claim shows a bias in favor of business interests by…

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NLRB Extends Comment Period

Speaking of new regulatory rules, the National Labor Relations Board (NLRB) has extended the public comment period on its pending new rule on union elections. In a press release dated October 4, the agency announced that it will now accept public comment on the rule overhauling union representation election procedures for an additional 60 days…

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In Joint Employer Battle: Round 2 Goes to McDonald’s

On Tuesday of this week, a federal appeals court gave McDonald’s Corporation a significant victory on the question of joint employment status. The US Court of Appeals for the 9th Circuit found in Salazar v. McDonalds that the company was not a joint employer in that it did not exert enough control over employees at…

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Union Targeting Fast Food Industry

Despite the major defeat it recently suffered over the joint employer battle detailed above, the Service Employees International Union (SEIU) and its allies on the presidential campaign trail will not just tuck their tales and go away. To the contrary, having enjoyed much success across the nation with their Fight for $15 campaigns, SEIU is…

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NLRB Asks When Labor Law Protection Stops

In late breaking news yesterday, the National Labor Relations Board has asked for public input on the question of if or when an offensive and/or profane outbursts by an employee become so egregious that the employee loses the protection of the National Labor Relations Act. By a familiar vote of 3-1, the Board invited amicus…

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NLRB Rules Misclassification Doesn’t Violate Law –

The National Labor Relations Board ruled yesterday that the simple misclassification of employees as independent contractors does not necessarily violate the National Labor Relations Act. In a split 3-1 decision in Velox Express Inc., the agency found that simply misclassifying workers as independent contractors instead of employees does not interfere with the workers’ rights to…

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NLRB Restricts Non-Employee Leafleting

NLRB also gave another win to an employer last week in the Bexar County Performing Arts Center Foundation decision. In that case, the NLRB Board overruled an administrative law judge’s finding that the employer could not prohibit workers in the employ of a subcontractor of the employer from distributing protest leaflets to patrons attending the…

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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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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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