Picketing Threats

Letters from unions to owners, general contractors, and other contractors informing them of the union’s dispute with one or more of the subcontractors, working at a common construction project site (or common situs), and of the union’s  plans to engage … Continue reading

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Concerted/Protected Activities: Single Employee Complaints

We frequently confront the question of whether  complaints by a single employee to a supervisor about some condition of employment, such as double standard with respect to disciplinary actions against  employees or favoritism in  job assignments, constitute concerted/protected activity. Concerted/protected … Continue reading

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Extraction of Agency Fees from Non-Consenting Public Employees is Unconstitutional

In Janus v AFSCME , U.S. No. 16-1466, the Supreme Court held on June 27, 2018 that  States and public sector unions  may no longer extract agency fees from non-consenting employees. Such extractions violate the employees’ First Amendment  right to … Continue reading

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Unilaterally Imposed Restrictions on Employees Right to Revoke Union Dues Deduction Authorizations (Checkoff) are Unlawful

On May 8, 2018, the D.C. Circuit Court of Appeals, by a unanimous panel, upheld the NLRB decision that restrictions imposed unilaterally by an IBEW local union on employees right to revoke union dues checkoff authorizations were unlawful. See Local … Continue reading

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Indian Tribes Continue to Challenge the NLRB’s Jurisdiction Over Casinos Located on Indian Lands

In this week’s Legal Alert, Jerry Morales takes a look at the recent 9th Circuit case Casino Pauma regarding NLRB jurisdiction over a casino located on the Pauma Tribe’s reservation lands. See here.

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Employees Use of Their Employers’ Email Resources for Union Activities

In Purple Communications Inc., 361 NLRB No. 126 (December 11, 2014) the NLRB reversed established precedent that employees did not have statutory rights to use their employers’ email resources for union activity.  In that case, the Board held that employees … Continue reading

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NLRB: New Law of Unilateral Changes

There is a flurry of articles on the  NLRB decisions last week, reversing Obama-era rulings on the subjects of joint employers (Hy-Brand Industrial Contractors) handbook policies (The Boeing Co.) and the ‘micro-unit standard’ in representation cases (PCC Structurals Inc.) Another … Continue reading

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Labor Law Meets the NFL Anthem Protests

Recently, Jerry Jones – the outspoken owner of the Dallas Cowboys – announced an official policy that any of his players who kneeled during the national anthem would be benched. On October 11, United Labor Unions Local 100, based in … Continue reading

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NLRB Deferral Rules to Arbitration

Many employers are unsure about the NLRB’s deferral to arbitration rules. For nearly 60 years the National Labor Relations Board (NLRB) had applied the “Spielberg/Olin” standard in cases involving whether to defer to a decision reached through a grievance/arbitration procedure … Continue reading

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Forecasted Changes with a Republican NLRB

With the confirmation of William Emanuel by the Senate on September 25, 2017, the NLRB has a Republican majority. Democrat/union lawyer members had been in the majority for many years. Republican Marvin Kaplan had been confirmed by the Senate on … Continue reading

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