Mercedes Denied the Luxury of Overly Broad No Solicitation Rule

Kollman & Saucier
Kollman & Saucier
07/28/2014
On July 24, 2014, a National Labor Relations Board ("NLRB")  Administrative Law Judge  ruled that Mercedes-Benz violated the National Labor Relations Act ("NLRA") by prohibiting distribution of literature in "team centers" inside its Vance, Alabama plant.  Mercedes-Benz U.S. Int'l, Inc., No. 10-CA-112406.  The ALJ held that because the "team centers" were used for both work purposes and as employee break and meal rooms, the car maker could not...
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Supreme Court Limits Scope of Compulsory Membership Dues for Government Unions

Frank Kollman
Frank Kollman
07/01/2014
The Supreme Court has ruled that a mother receiving state financial assistance to care for her disabled child does not have to pay union dues. Can you believe that there were four justices who disagreed with that ruling, and the Secretary of Labor has already criticized the decision? Certainly there has to be more to the story. The issue the Court was asked to decide was the result of increased union power over governmental officials it helps to...
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Supreme Court Issues Unanimous Decision, "Canning" Obama's Recess NLRB Appointments

Kollman & Saucier
Kollman & Saucier
06/27/2014
As part of its end of term productivity, on Thursday, June 26, 2014, the Supreme Court issued its much anticipated decision in NLRB v. Noel Canning,  regarding President Obama’s authority to grant recess appointments to fill vacant Board positions and avoid the Senate confirmation process of those Board members. The Noel Canning decision specifically involved President Obama’s recess appointments of Sharon Block, Terence Flynn, and Richard...
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Here's Your [Expletive] Latte!

Kollman & Saucier
Kollman & Saucier
06/18/2014
One would think that cursing in front of customers would be sufficient grounds for termination - even at a progressive enterprise like Starbucks. However, if those outbursts come from a union supporter while performing union activity, you should think again. The National Labor Relations Board recently issued its decision in Starbucks Corporation d/b/a Starbucks Coffee Company and Local 660, Industrial Workers of the World, case number 02-CA-037548....
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NLRB Orders Car Dealer to Reinstate Foul-Mouthed Salesman

Kollman & Saucier
Kollman & Saucier
05/30/2014
On May 28, 2014, the National Labor Relations Board  ("NLRB") ruled that an Arizona car dealership violated the National Labor Relations Act  ("NLRA")  by firing a salesman who complained about the dealership's compensation plan.  Plaza Auto Ctr. Inc.., 360 NLRB No. 117 (2014).  The dealership argued that the salesman lost the protection of the law when he launched into a profanity-laced tirade against the owner. In this case, salesman Nick...
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Hooters “Don’t Disrespect Patrons” Rule Violates NLRA

Darrell VanDeusen
Darrell VanDeusen
05/23/2014
A NLRB ALJ has ruled that a Hooters Handbook’s Code of Conduct that listed a variety of “don’ts” – including “don’t disrespect patrons” – violates employee rights under the National Labor Relations Act. Hoot Winc, LLC, NLRB ALJ No. 31-CA-104872 (May 19, 2014). Yes, you read that right. There’s no question that the current NLRB is more employee friendly than it has been in a long time. There are a number of recent decisions from...
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More on the Northwestern Players Union ....

Kollman & Saucier
Kollman & Saucier
05/15/2014
Yes, we posted on this yesterday, but this video spoof of an interview with the Northwestern coach is priceless.  My favorite line: Q. Coach, do you think your players will cross a picket line? A. I'll tell you what - put a goal line out there and not a one of them will cross...
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NLRB Invites Briefs in Northwestern Football Players Case

Clifford Geiger
Clifford Geiger
05/14/2014
On March 26, 2014, the NLRB's Chicago Regional Director issued a decision finding that approximately eighty-five (85) scholarship football players at Northwestern University are "employees" under the National Labor Relations Act (the “Act”).   The Board conducted a secret-ballot election to determine whether the College Athletes Players’ Association would become the bargaining agent for these student-athletes, but the ballots were impounded...
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NLRB Strikes Down Hospital Rule Against Workplace "Negativity"

Kollman & Saucier
Kollman & Saucier
04/03/2014
I remember my fourth grade teacher, Mrs. Wilbourne, telling us a very important rule: "if you don't have anything nice to say about someone, don't say anything at all."  Well, its a good thing the current NLRB was not around back then, because it looks like they would have had a problem with that rule. In Hill and Dales General Hospital, 360 NLRB No. 70 (April 1, 2014), a hospital decided to change its culture, which was plagued by "back-biting and...
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NLRB Signals What's On Its Agenda

Kollman & Saucier
Kollman & Saucier
04/01/2014
Each year the General Counsel to the National Labor Relations Board meets with labor attorneys at the American Bar Association's Midwinter meeting of the Labor and Employment Section. In this meeting, the General Counsel answers questions about the  Board's case handling processes and priorities. On March 26, 2014, the NLRB released a memorandum summarizing the information provided by the General Counsel in this year's meeting.  For those of you...
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