Posts tagged Lauren McFerran
An invitation for union organizers to cheat in elections
September 1, 2023 // The board’s stated interest here is in speedier resolutions of representation cases. “Today’s decision, along with the Board’s recently issued Final Rule on Representation, will strengthen the Board’s ability to provide workers across the country with a timely and fair process for seeking union representation,” said NLRB Chairman Lauren McFerran. Boardmember Marvin Kaplan, the NLRB’s lone Republican appointee, argued in his dissent that the ruling ignores the Supreme Court ruling in a 1946 case called A. J. Tower. “Accordingly, my colleagues ignore the inconvenient fact that the Supreme Court found… that resolving issues of employee eligibility to vote before the election not only satisfies that goal but is ‘peculiarly appropriate’ in Board elections,” Kaplan said.
NLRB restores Obama-era rule speeding up union election process
August 25, 2023 // The U.S. National Labor Relations Board (NLRB) on Thursday finalized procedural changes that will speed up the union election process, which have been criticized by business groups for favoring organized labor. The Democrat-led board's rule restores changes to the election process that were adopted during the Obama administration and largely eliminated in 2019 when appointees of Republican former President Donald Trump led the board. Among the key provisions of the new rule are a requirement that elections be held before related litigation is resolved. Under the Trump-era regulation, the board had to rule on issues such as workers' eligibility to vote and alleged unlawful conduct by employers before holding an election.
US labor board says work rules cannot hamper unionizing
August 4, 2023 // Wednesday's ruling stems from a union's challenge to Stericycle Inc's policies barring worker conduct that could harm the company's reputation or create conflicts of interest. The labor board did not rule on the merits of the case but sent it back to an administrative judge to apply the new standard. The board's Democratic majority said employers can rebut the presumption that a rule is unlawful by proving to the NLRB that it "advances a legitimate and substantial interest" that cannot be addressed with a narrower policy. NLRB Member Marvin Kaplan, a Trump appointee, in a dissenting opinion said that standard will be virtually impossible for many employers to meet. He added that his colleagues had failed to balance workers' labor rights with businesses' ability to adopt reasonable rules.
Foxx to NLRB: Proposed Rule Puts Unions Before Employees
February 3, 2023 // “The NLRA is intended to protect the right of workers to organize or refrain from doing so in conditions free of interference, not to permit an employer to anoint a union as the employee representative. History and experience have shown that the secret ballot election is the most reliable method of assessing whether a majority of employees support union representation, while the card check process is notorious for its lack of privacy and invites intimidation and coercion of workers.”
NLRB puts union bull’s-eye on the franchise industry
January 2, 2023 // The National Labor Relations Board has proposed a dramatic overhaul of the franchise business model by reclassifying workers at restaurant or hotel chains as employees of the parent company, a move that would make it easier to unionize across the entire brand. Opponents warn that the change will devastate an industry employing 8.2 million people and contributing roughly 7% to the nation’s overall economic output. “This is going to hurt a lot of people, from someone coming out of the corporate environment looking to be an independent business owner to someone looking to start their career with an entry-level job to consumers who will have to pay $15 for a hamburger,” said Frank Caperino, who teaches franchise management at San Diego State University and owns multiple franchises.
NLRB: Employment Law Update, December 21, 2022
December 26, 2022 // The NLRB's Been Busy We've long previewed the National Labor Relations Board's (NLRB's) action on a number of issues, now that Board membership reflects President Biden's appointees and embodies his pro-labor priorities. In recent weeks, we've seen several updates come through from the agency, including
Key union organizing tactic backed by U.S. labor board
December 16, 2022 // NLRB Chair Lauren McFerran, a Democrat, said in a statement that the decision ensures that workers fully enjoy the freedom to associate with unions protected by federal law. The board's two Republican members, Marvin Kaplan and John Ring, said in a dissenting opinion that the decision improperly favors unions while ignoring whether bargaining units "will facilitate efficient and stable collective bargaining."
Labor board rules Tesla must let workers wear union clothing
August 30, 2022 // The National Labor Relations Board has reversed a Trump-era decision by finding that Tesla can’t stop factory employees from wearing clothing with union insignia while on the job. The board, in a 3-2 decision released Monday, overruled a 2019 NLRB decision involving Walmart and union clothing. The board wrote that a 1945 Supreme Court decision established the precedent for allowing the clothing.
House, Senate GOP Workforce Leaders Demand Investigation into NLRB Misconduct
August 25, 2022 // Today, House Education and Labor Committee Republican Leader Virginia Foxx (R-NC); Senate Health, Education, Labor and Pensions Committee Republican Leader Richard Burr (R-NC); House Health, Employment, Labor, and Pensions Subcommittee Republican Leader Rick Allen (R-GA); and Senate Employment and Workplace Safety Subcommittee Republican Leader Mike Braun (R-IN) sent a letter to National Labor Relations Board (NLRB) Inspector General David Berry to request an immediate investigation into allegations that NLRB officials intervened inappropriately in ongoing union organization efforts at Starbucks stores across the country. Inspector General David Berry,
Unions Are Adding Some Heat in the Kitchen for Food & Beverage Employers
July 27, 2022 // Food and beverage employers can take some important steps before a union-organizing effort that may not be available once an organizing drive begins. First, employers may want to establish effective lines of communication with their employees, including the utilization of a complaint procedure that is practical and efficient. Fostering a positive work culture that treats all employees with dignity and respect is crucial for maintaining effective communication. Second, employers may want to review their employee handbooks and related policies, such as open-door policies, solicitation policies, confidentiality policies, etc., to ensure they are up-to-date and legally compliant. Lastly, employers may want to consider training supervisors to identify and responding to union organizing in a lawful manner. Training can help avoid unfair labor practice charges that could result in significant costs for employers. food and beverage industry