ALJ Feasts On Employee Handbook, Finds Policies Unlawful Under NLRA

Garrett Wozniak
Garrett Wozniak
05/16/2017
President Trump recently announced the two individuals he will nominate to the National Labor Relations Board (NLRB).  The announcement, covered in a prior blog entry, is the next step in changing the trajectory of the NLRB from its heavy employee tilt toward a more employer-friendly outlook.  Until the two new members are confirmed and the NLRB begins issuing decisions altering the labor law landscape created by President Obama’s NLRB, employers...
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Trump Expected to Nominate Two Management Attorneys to NLRB

Eric Paltell
Eric Paltell
05/11/2017
According to sources with access to the White House, President Trump  plans to nominate two Republican attorneys to the NLRB by June, and to have them confirmed by the Senate before its August recess.  The nominees,  Marvin Kaplan and William Emanuel, would  fill the two vacant slots on the  Board and give agency a Republican majority. Emanuel is a management-side employment lawyer with Littler Mendelson in Los Angeles.  According to the...
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Skip the Hackers, I’ll Take the Money Myself

Darrell VanDeusen
Darrell VanDeusen
05/04/2017
Ever wonder where union dues go?  Our last blog post involved a CWA chapter that got hacked for nearly a half million dollars.   But there was no need to fall for a Nigerian prince scam in Pittsburgh.   Apparently you can still getting money the old fashioned way - just take it. Boilermakers Local 154 claims that its former business manager embezzled nearly $1.5 million in member dues.  The union represents over 2,000 welders, pipefitters and...
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ALJ Rules Union Steward May Use a Cell Phone to Secretly Record a Meeting with Management

Clifford Geiger
Clifford Geiger
04/28/2017
An employer commits an unfair labor practice if it maintains a work rule that tends to chill employees in the exercise of their rights under Section 7 of the National Labor Relations Act.  Section 7 gives private sector employees the right to organize and “to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Marcus Davis is a sales associate for AT&T Mobility, LLC at...
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If At First You Don’t Succeed, Try Again

Randi Klein Hyatt
Randi Klein Hyatt
03/22/2017
Readers of this blog are probably familiar with how the appellate court system works.  A party appeals a judge’s factual ruling to an appellate court, which then reviews the lower court’s decision.  Appeals from federal trial courts and federal regulatory boards are usually heard by that circuit’s court of appeal (i.e. the United States Court of Appeals for the Fourth Circuit). Appeals from the federal appellate courts’ three judge panels...
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Puzder Withdraws From Consideration For Secretary Of Labor

Kollman & Saucier
Kollman & Saucier
02/16/2017
Two months ago, nearly to the day, I wrote about Andrew Puzder’s nomination as Secretary of Labor in the Trump administration.  After having his confirmation hearings before the Senate Health, Education, Labor and Pensions (HELP) Committee pushed back four times, and with hearings finally set for today, Puzder withdrew from consideration yesterday afternoon. While supporters of the nomination touted Puzder’s business record as the owner of CKE...
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Court Permanently Enjoins DOL Persuader Rule

Eric Paltell
Eric Paltell
11/18/2016
As we have previously reported,  in March 2016, the United States Department of Labor modified its 54 year old “Persuader Rule,” which applies to communication with employees regarding union activity. The proposed revisions significantly  restrict employer rights to be advised on how and what information can be disseminated to employees by providing burdensome reporting requirements on both the employer and the advisors -including...
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Fourth Circuit Affirms NLRB Finding That Nurses Are Not Supervisors

Garrett Wozniak
Garrett Wozniak
11/08/2016
In Palmetto Prince George Operating, LLC v. NLRB, No. 15-2143 (4th Cir. Nov. 1, 2016), the Fourth Circuit Court of Appeals ordered a South Carolina nursing home to bargain with its nurses’ union. Palmetto, a provider of 24-7 nursing home care, employs 23 nurses -- six RNs and 17 LPNs.  Those nurses exercise authority over 40 certified nursing assistants (CNAs).  All of the nurses assess patients, answer patient calls, administer medications, and...
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Wells Fargo: Together We'll Go Far... Into The Abyss of Audit Hell

Randi Klein Hyatt
Randi Klein Hyatt
09/28/2016
Unless you are a contestant who just returned from participating in the 33rd season of Survivor: Millenials v. Gen X (yes, I still watch this show -- Every. Single. Episode.), you have undoubtedly heard about the Wells Fargo credit card scandal.  Nearly 5300 employees were fired after it was uncovered that millions and millions of credit card accounts were fraudulently opened without customer permission because of intense corporate pressure to meet...
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Kroger's Discriminatory Enforcement of No-Solicitation Rule Violates NLRA

Randi Klein Hyatt
Randi Klein Hyatt
09/15/2016
Last Friday, a National Labor Relations Board administrative law judge found that the grocery chain Kroger  unlawfully banned non-employee union representatives from distributing petitions in a store parking lot.  Kroger Mid-Atlantic LP, N.L.R.B. A.L.J., No. 5-CA-155160 (Sept. 9, 2016). The issue arose after Kroger announced it was closing a location, but its workers were not offered transfers to new, non-unionized stores.  The workers were only...
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