NLRB OKs Cell Phone Ban in Workplace

Two weeks ago, the National Labor Relations Board (NLRB) issued a final ruling reversing the decision of the Administrative Law Judge (ALJ) in the case of Colt Beverage where the ALJ found that a company prohibition on the use or possession of a personal cell phone in the work area violated the employee’s rights under…

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SEIU Targets Service Plaza QSRs

The Service Employees International Union (SEIU) and their Fight for $15 effort now appear to be targeting roadside service plazas for their latest unionization efforts, and the strategy will be a tough one to defeat. Clearly, the roadside service areas are government-owned, making protests and rallies at the sights more politically potent. On Wednesday, the…

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At Least They’re Turning!

There’s that old saying that the wheels of government turn slowly, and they may even be stopped altogether in many instances, but, the reality is that the federal government is moving favorably for small business on a number of issues. The Department of Labor is moving forward on several fronts that you will want to…

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Tide Turning Fast At NLRB

Especially over the past several years, a majority of decisions made by the National Labor Relations Board (NLRB) were very much labor friendly, as the Obama NLRB dramatically expanded the reach of union organizers and the restrictions on non-union business.  One particular area of expansion results directly from the Board’s Columbia decision (rendered last August),…

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DOL Asks For Delay on Persuader Rule

With new Secretary of Labor Alex Acosta just getting sworn in, his Department of Labor has asked a Minnesota federal court for a further delay in its response deadline on a legal challenge to the Obama-era persuader rule. The rule, redefined under the previous administration, expanded the categories of “persuaders” – those hired to defeat…

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Acting Chairman No More

The National Labor Relations Board, which has been a source for many pro-union, anti-business rulings over the past several years, still has only three of its five slots filled. The positions are filled by the President with confirmation by the US Senate and this week, Acting Chairman Philip Miscimarra had the “acting” qualifier dropped from…

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But, There Are the “Bitter-Clingers”

Not to their guns & religion, rather to the anti-business direction that was so aggressively advocated during the eight year Obama administration. Leading the pact are still the rulings of the NLRB, about which the US Chamber produced a report, entitled Restoring Common Sense to Labor Law, which identifies the 10 most egregious rulings from…

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Of Grad Students & Football Players

Having been tied up in court on several of their major rulings regarding business issues (joint-employer, ambush elections, etc.) the NLRB has created a parallel universe of sorts with their rulings that university graduate students along with certain football-playing student athletes (students being the operable word in both cases) are employees for purposes of the…

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Miscellaneous

We’ve all been keeping a close eye on unionizing efforts across the fast food industry, so we took note a few weeks ago when it was reported that workers at Winnipeg Taco Bell and KFC shops had formally unionized, becoming the first QSRs to unionize in all of Canada.  Krispy Kreme CFO Price Cooper left…

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NLRB Rulings Further Squeeze Business

One week, two NLRB rulings = more trouble for businesses!  The National Labor Relations Board this week continued what could arguably be called its war on small business with two distinct rulings from the agency.  The issue in the first stems from the In-N-Out Burger practice of including “Merry Christmas” buttons on their workers’ uniforms…

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