Union Activity Archives - Kollman & Saucier P.A.

Is The Cemex Doctrine Is Here to Stay?

Mathew Moldawer

11/20/2023

Agency Activity, Labor Law, NLRB, Union Activity

The National Labor Relations Board (NLRB) has taken two affirmative steps to cement the Cemex doctrine into current labor law. First, the NLRB Office of General Counsel, headed by Jennifer A. Abruzzo, issued Memorandum GC 24-01, Guidance in Response to Inquiries about the Board’s Decision in Cemex Construction Materials Pacific LLC. Abruzzo stated in the guidance that “the Cemex Board took issue with the prior focus on the potential impact...

Vincent Jackson

10/19/2023

Agency Activity, NLRB, Union Activity

The National Labor Relations Board released case processing data for FY 2023. The data shows that between October 1, 2022 and September 20, 2023, 22,448 cases were filed--a 10% increase over the previous fiscal year. 2023 also saw the highest number of cases filed since 2016. The increase in filings was spread across both unfair labor practice (ULP) charges and union representation-related activity. Both categories of cases have seen...

Mathew Moldawer

08/29/2023

Labor Law, NLRB, Union Activity

The NLRB’s democratic majority struck a big win for unions by reviving the precedent set in the 1949 NLRB decision, In re Joy Silk Mills, Inc., 85 N.L.R.B. 1263 (1949). Using Cemex Construction Materials Pacific, LLC as their torpedo, the NLRB has inflicted a blow to employers facing unionization efforts. The employees at issue were approximately 366 ready-mix cement truck drivers and driver trainers. The drivers and trainers showed support...

Garrett Wozniak

08/03/2023

Handbooks/Policies, Labor Law, Legal Developments, NLRB, Protected Concerted Activity, Union Activity

As has been anticipated for some time, the National Labor Relations Board (NLRB), in Stericycle, Inc. (Aug. 2, 2023), adopted a new standard for determining whether workplace rules are lawful under the National Labor Relations Act. The new standard is similar to the analysis used prior to the Board’s 2017 decision in Boeing Co. Under the Stericycle framework, the lawfulness of workplace rules under the NLRA turns on whether workers would view...

Peter Saucier

06/01/2023

Supreme Court Decisions, Union Activity

Decades ago, the Supreme Court interpreted the National Labor Relations Act to afford unions and strikers special immunity from state court liability for damages resulting from a strike. Named after a 1959 Supreme Court decision, that so-called Garmon exemption doctrine, in the words of the Supreme Court, “tells us not just what law applies (federal law, not state law) but who applies it (the National Labor Relations Board, not the state courts or...

Peter Saucier

01/24/2023

Supreme Court Decisions, Union Activity

Industrial concrete, once prepared, must be poured and set promptly. Glacier Concrete, a mid-sized company in Washington state, sends mixer trucks filled with concrete to jobsites every day. In 2017, some 13 mixer trucks filled with concrete were on the road when the Teamsters Union called a strike among the drivers of Glacier Concrete. Many of the mixer truck drivers returned their trucks to the company yard, filled with wet concrete, and walked...

Vincent Jackson

10/20/2022

Labor Law, Union Activity

In a fascinating intersection of labor relations and trademark law, Medieval Times has sued a newly-formed union for improperly adopting and using its MEDIEVAL TIMES® trademark. The case, filed in the United States District Court for the District of New Jersey on October 13, 2022, seeks an injunction against the Union—Medieval Times Performers United—for unauthorized misappropriation of the MEDIEVAL TIMES mark. Medieval Times (the...

Darrell VanDeusen

04/13/2022

Agency Activity, Labor Law, Union Activity

Earlier this week I wrote about some developments in labor law. I thought my second blog would be about something completely different. But wait, there’s more. On Wednesday, April 12, the NLRB’s General Counsel, Jennifer Abruzzo, through her deputy GC, filed a brief to the Board that claims a former NLRB associate general counsel – in 1969 – “misrepresented controlling board law” in an argument before the U.S. Supreme Court,...

Darrell VanDeusen

04/11/2022

Agency Activity, Labor Law, Union Activity

It has been a big last few weeks in labor law circles. First, Amazon got unionized in New York by a little-known independent union that didn’t even exist 18 months ago. President Biden expressed support for the unionizing of Amazon workers saying “Amazon, here we come” in a recent speech. The President, of course, has been and continues to be a strong supporter of unions. But, as reported in the New York Times, “organized labor has...

Kollman & Saucier

04/08/2022

Agency Activity, Labor Law, Union Activity

In an April 7, 2022 Memorandum to Regional Directors, NLRB General Counsel Jennifer Abruzzo announced that she will be asking the NLRB to outlaw so-called "captive audience" meetings. Captive audience meetings refer to meetings between employers and employees during an employee's paid work time where the employee is required to listen to the employer (or its representative) explain the company's position on unions. Such meetings have long been...

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Is The Cemex Doctrine Is Here to Stay?

NLRB Releases Filing Statistics for FY 2023

And So The Pendulum Swings: NLRB Revives Joy Silk From The Ashes

NLRB Revises Workplace Rules Standards

Union Misconduct During A Strike May Result In State Court Liability

Frozen Concrete – How Much Does Labor Law Protect “Sabotage”?

Medieval Times Files Trademark Lawsuit Against Newly-Formed Union

More (Possible) Labor Pains

More That’s New in Labor Law

NLRB General Counsel Targets "Captive Audience" Meetings

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Category: Union Activity

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