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Federal Court Reverses NLRB “Positive Work Environment” Handbook Decision

Posted on August 1, 2017 by
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The National Labor Relations Board (NLRB) created controversy a couple of years ago when it ruled that handbook policies maintained by T-Mobile USA requiring employees to maintain a positive work environment were illegal because they could be seen as having a chilling effect on employees’ unionizing and collective bargaining rights.  Last week, the U.S. 5th […]

NLRB to Unionized Employers – Hiring Permanent Strike Replacements is Not Always Lawful and Motive Now Matters

Posted on June 2, 2016 by
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It is well settled that once a union exercises its weapon to engage in an economic strike, an employer is empowered to continue its business operations through hiring of permanent strike-replacement employees.  Whether a strike-replacement employee is “permanent” for the purposes of the National Labor Relations Act involves a fairly technical analysis, and includes the […]

Labor Unions Have Another Reason to Be Thankful: NLRB Serves Up Holiday Season Gift

Posted on May 6, 2015 by
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On November 21, 2014, the National Labor Relations Board (“Board”) served up a holiday season gift to organized labor—in the form of a new, significantly more “union friendly” view of “solicitation” policies utilized in many non-union workplaces [designed to lawfully limit pro-union solicitation, and other forms of solicitation, which can hamper employee productivity]. The decision […]

Management Rights Clauses – Employer’s Ability to Make Policy Changes Depends Upon What Management Writes

Posted on May 5, 2015 by
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On December 30, 2014, a National Labor Relations Board administrative law judge (“ALJ”) issued his decision in Graymont PA, Inc., available here: Graymont_PA_Inc._Decision.   Through Graymont, PA, Inc., the ALJ reminded unionized employers to think twice before implementing workplace policy changes without first notifying the incumbent union and offering an opportunity to bargain about the […]

As Expected, Unions File Lawsuit to Challenge the Legality of Wisconsin’s Right-to-Work Law

Posted on April 28, 2015 by
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Yesterday, as expected, several labor unions filed suit in the Dane County Circuit Court, challenging the constitutionality of Wisconsin’s Right-to-Work Law [2015 Wisconsin Act 1]. A copy of the complaint filed by the labor unions is available here: Right to Work Complaint for Declaratory and Injunctive Relief Recently, labor unions in Indiana unsuccessfully challenged Indiana’s […]

Employers are NOT Required to Notify of Union Rights

Posted on May 20, 2014 by
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A federal district court decision has struck down an administrative rule proposed by the National Labor Relations Board that would require all private sector employers to notify their employees of the right to join a union. The recent decision held that this rule was not lawful and constituted an unreasonable exercise of administrative rule-making powers […]

First Quarter Touchdown for Student Athletes

Posted on May 15, 2014 by
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Football players under scholarship at Northwestern University can unionize based upon a decision from the Regional Director of the National Labor Relations Board. This is a touchdown in the first quarter for the student athletes as this is the first stage in a litigation that will likely run for several years. The Regional Director held […]