Tag Archives: Unions

NLRB: Nonunion Employees Do Not Have A Right To A Co-Worker’s Presence During Investigatory Interviews

NLRB
As we have frequently reminded our readers, even non-unionized employers need to pay close attention to the National Labor Relations Board’s (NLRB) rulings and opinions as to employees’ rights under applicable labor law. For example, the NLRB has focused on employee handbook provisions – applicable to both union and non-union employers, which it considers to … Continue reading this entry

Right-To-Work Laws Continue to Gain Momentum at Federal, State, and Local Levels

EEOC
For nearly fifty years, the debate over “right-to-work” laws had largely been considered settled. The concept was popular in the south, where a number of states have had right-to-work-laws on the books since before the 1960’s, but had gained little traction elsewhere.  Though all states were free to pass laws adopting right-to-work, few states outside … Continue reading this entry

The “Persuader Rule” Permanently Enjoined

As we have previously reported, in March of 2016, the Department of Labor (“DOL”) issued a reinterpretation of the Persuader Activities Rule (The “Revised Rule”). This Revised Rule required that: employers must annually report agreements that have the object of dissuading employees from supporting unions (“persuader activities agreements”); consultants must report such persuader activities agreements … Continue reading this entry

Joint Employer Standard Causing Jurisdictional Headaches

Ever since the National Labor Relations Board (NLRB) blew open the joint employer concept last year in Browning-Ferris, it has been a rocky road for all involved to understand the implications of this new standard. The latest bump involves a question of jurisdiction: What happens when one of the joint employers is subject to the … Continue reading this entry

From The Jaws Of Defeat, Public Unions Snatch Lucky Victory

FEHC
For many years, unions representing public employees in a variety of states have continued to require employees to pay union dues even if they have an objection to certain political, lobbying, or other activities the unions engage in. However, the permissibility of such requirements looked likely to disappear via a Supreme Court ruling this term. … Continue reading this entry

Micro Unions Are Here to Stay: Cosmetics Workers Made Up for Unionizing but Shoes Salespeople Need to Find a Better Fit

The question – or controversy, depending on who you talk to – about the propriety of “micro-units” or “micro-unions” has been a pressing issue for employers since the National Labor Relations Board issued its Specialty Healthcare decision in 2011. The concern has been that unions, as a way of getting a foot in the door … Continue reading this entry

Staying One Step Ahead of Norma Rae — Tips for Staying Union Free

Employer
If you think unions are going away anytime soon based on recent defeats like those suffered by the UAW at Volkswagen in Tennessee, think again. The UAW and others have stepped up their organizing efforts and do not be surprised if they come knocking on your company’s door seeking to “enlighten” your workforce. After all, … Continue reading this entry

Despite Its Leftward Leanings, NLRB Reminds Employees They Can Fight Back Against Unions, Even During the Term of a Collective Bargaining Agreement

In our blog post last week titled, “NLRB Continues Its March To The Left” , we noted that in recent weeks, the NLRB, the agency charged with enforcing the National Labor Relations Act, has issued several controversial, union-friendly decisions, including rulings that assist unions to organize smaller sectors of an employer’s workforce and retain their … Continue reading this entry

New DOL Regulations Will Require Federal Contractors and Subcontractors to Notify Employees of Their Rights to Organize

New regulations recently issued by the Department of Labor (DOL) will soon require that most government contracts contain specific provisions requiring federal contractors and subcontractors to notify employees of their rights to unionize and bargain collectively under federal labor laws. The DOL’s Final Rule (PDF), published May 20, 2010, implements the requirement of Executive Order 13496 (PDF), … Continue reading this entry