Labor Law Archives - Page 9 of 17 - Kollman & Saucier P.A.

ALJ Rules Union Steward May Use a Cell Phone to Secretly Record a Meeting with Management

Kollman & Saucier

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...

Kollman & Saucier

03/22/2017

Labor Law

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...

Kollman & Saucier

02/16/2017

Agency Activity, Labor Law, Political Appointments

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...

Kollman & Saucier

11/18/2016

Agency Activity, Labor Law, Union Activity

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...

Kollman & Saucier

11/08/2016

Labor Law

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...

Kollman & Saucier

09/28/2016

Agency Activity, Labor Law, Wage & Hour

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...

Kollman & Saucier

09/15/2016

Labor Law

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...

Kollman & Saucier

09/05/2016

Labor Law

Twenty-nine years ago this week, on September 8, 1987, I began my legal career at the law firm then known as Venable, Baetjer & Howard. The late Sam Cook, Chairman of the firm's Labor & Employment Department asked me if I had enjoyed my "Management Day" holiday the preceding day. Even since, I've had a special affinity for the first Monday in September, and today I offer some thoughts on a couple of trending topics in the world of labor...

Kollman & Saucier

09/01/2016

Labor Law

Less than a week after the National Labor Relations Board ruled that teaching assistants at private universities are employees under the National Labor Relations Act, graduate assistants in 10 Yale academic departments filed separate petitions for union elections with the Board. The union seeking to represent the graduate assistants, UNITE HERE Local 33, is asking for separate elections under the NLRB's 2011 Specialty Healthcare decision, which...

Darrell VanDeusen

08/25/2016

Labor Law

School is nearly back in session. But rather than be satisfied with some new pens and notebooks, the NLRB’s “back to school list” is huge. First, there was announcement of the Board’s decision in Columbia University, 364 NLRB No. 90 (Aug. 23, 2016) that graduate students are employees and can form unions. The Board’s 3-1 decision reversed a 2004 decision that held just the opposite. Second, the Board released decisions in Seattle...

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ALJ Rules Union Steward May Use a Cell Phone to Secretly Record a Meeting with Management

If At First You Don’t Succeed, Try Again

Puzder Withdraws From Consideration For Secretary Of Labor

Court Permanently Enjoins DOL Persuader Rule

Fourth Circuit Affirms NLRB Finding That Nurses Are Not Supervisors

Wells Fargo: Together We'll Go Far... Into The Abyss of Audit Hell

Kroger's Discriminatory Enforcement of No-Solicitation Rule Violates NLRA

Labor Day Musings

Yale Graduate Assistants Seek Union Elections in Ten Departments

Colleges and Universities on Labor Board’s Hit Parade This Week

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Category: Labor Law

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