NLRB Hearing Officer Recommends Ordering of New Election in Alabama Distribution Center

Jordan Dunham
Jordan Dunham
08/16/2021
On April 2021, the employees of an Amazon distribution center located in Bessemer, Alabama overwhelmingly voted against representation, much to the dismay of the Retail, Wholesale and Department Store Union.  More than half of the nearly 6,000-employee workforce cast votes.  Of those votes, more than two-thirds were tallied against representation. Following the election, the Union filed objections, and a NLRB hearing officer has now delivered her...
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Federal Court Blocks Implementation Of New Election Rules

Clifford Geiger
Clifford Geiger
06/02/2020
In December 2019 the National Labor Relations Board (“NLRB”) issued a final rule to amend the procedures to be followed in union representation cases.  The NLRB said the purpose of the final rule was “to permit parties additional time to comply with various pre-election requirements instituted in 2015, to clarify and reinstate some procedures that better ensure the opportunity for litigation and resolution of unit scope and voter...
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Could New York City’s New Bill Hurt Unions?

Randi Klein Hyatt
Randi Klein Hyatt
04/04/2019
In March, New York City Councilman Brian Lander introduced a bill that could change the union gameplan in one of the world’s biggest cities.  The bill Lander proposed would put an end to at-will employment in the fast food industry in NYC and require that all terminations be only for just cause.  The bill defines "just cause" for termination as an “employee’s failure to satisfactorily perform job duties or misconduct that is demonstrably and...
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NLRB Union Protests Board Chair and GC

Darrell VanDeusen
Darrell VanDeusen
11/12/2018
The National Labor Relations Board, we are told, is supposed to be the neutral government agency that addresses workplace issues between unions and employers.   And I saw a pink unicorn on the way to work this morning.   It is not unusual to hear employers sometimes suggest they are skeptical of the Board’s supposed “neutral” stance.  A number of decisions coming from the NLRB during the Obama presidency could be characterized as...
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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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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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The Final Persuader Rule Is Here, For Now.

Randi Klein Hyatt
Randi Klein Hyatt
03/24/2016
On March 23, 2016, the Department of Labor revealed its long-time coming final rule that requires certain disclosures now be made for outside labor relations consultants who assist employers during union organizing activity or collective bargaining, and which are no longer protected under the "advice" exemption under the disclosure obligations.  The reporting requirements under Labor-Management Reporting and Disclosure Act will now include any third...
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Whole Foods Stores Are For Shopping And Secretly Recording, Says The NLRB

Randi Klein Hyatt
Randi Klein Hyatt
01/08/2016
On December 24, 2015, the National Labor Relations Board (NLRB) invalidated two employee handbook policies that prohibited employees from recording conversations, phone calls, images or meetings in the workplace. In Whole Foods Market, Inc. and United Food and Commercial Workers, et al., 363 NLRB No. 87 (2015), the NLRB found that requiring employees to obtain management’s approval before recording certain aspects of the work environment violated...
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F*** My Boss; F*** his mother; F*** his family… Fuggetaboutit

Darrell VanDeusen
Darrell VanDeusen
04/07/2015
So, what’s the big deal?   That doesn’t get you fired. At least that’s what the NLRB says. As long as you say it on Facebook during a union campaign. And you’re a union supporter. And you add “Vote YES for the union.” Pier Sixty, LLC, 362 NLRB No. 59 (March 31, 2015). Hernan Perez worked for Pier Sixty, a catering company in New York City. Some employees wanted a union, “in part because of concerns that management repeatedly treated...
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NLRB Notice Rule Struck Down

Eric Paltell
Eric Paltell
05/09/2013
On May, 7, 2013,  the United States Court of Appeals for the D.C. Circuit held  that the National Labor Relations Board lacked the authority to issue a  2011 rule which would have required all employers covered by the National Labor Relations Act (“NLRA”) to  post a workplace notice to employees.  The decision, National Association of Manufacturers v. NLRB, drove yet another stake in the heart of the Obama NLRB’s activist agenda. As...
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