Posts tagged National Labor Relations Act
Employees of popular Athens brewery plan to unionize
February 8, 2023 // Late this afternoon we received a copy of an unfair labor practice charge filed by the Brewers’ Union of Georgia. The charge contains false and baseless claims and shows that the Union lacks a fundamental understanding of the National Labor Relations Act. We are confident that after reviewing the evidence, the NLRB will conclude that these claims are invalid. We are committed to continuing to communicate directly with our employees and to ensuring they feel supported and empowered to exercise their legal rights and engage in this process.
Apple execs violated labor law after remarks that interfered with addressing workplace issues, NLRB finds
February 3, 2023 // Apple created measures that ‘tend to interfere with, restrain or coerce employees’ from acting on their rights to address workplace problems together, labor officials say
FP SCOTUS Predictions: Will the Supreme Court Make it Easier to Hold Unions Liable for Strike Misconduct?
February 2, 2023 // The NLRA protects concerted activities for “mutual aid or protection” and expressly preserves the right to strike. As a Constitutional principle, the NLRA preempts state law claims based on “arguably protected” conduct. However, violence and deliberate efforts to damage property are not protected activity. Under SCOTUS’s established Garmon doctrine, the NLRB must first review any case when employees engage in activity arguably protected by the NLRA. The rationale is that the agency, with its specialized knowledge and experience with labor-management disputes, is better equipped than the judiciary to determine whether activity is within the parameters of, or contrary to, the NLRA. If the Board finds the union’s action is protected, state courts are left without jurisdiction over the matter. However, if the Board finds the NLRA does not protect the conduct, the employer may file a state lawsuit against the union to recover damages.
Federal Labor Board to Prosecute Kentucky Steelworkers Union for Threatening, Seizing Money from Northern KY Worke
February 1, 2023 // Former Duro Hilex Poly employee filed charges against union and employer in 2022, National Labor Relations Board complaints affirm employee allegations
FREEDOM FOUNDATION CALLS OUT FEDERAL SCHEMES TO EXPOSE MORE WORKERS TO UNION PRESSURE
January 31, 2023 // The wage and hour requirements of the Fair Labor Standards Act, the excessively complicated regulations of the Wage and Hour Division and the collective bargaining requirements of the National Labor Relations Act all give employers incentives to use independent contractors rather than employees when possible. Oblivious to the role they play in encouraging the use of independent contractors, Biden’s operatives insist the “misclassification” of employees as independent contractors constitutes a national emergency. In fact, a far greater threat is posed by the new regulations to the livelihoods of independent contractors in the gig economy just to appease Biden’s benefactors in Big Labor.
Pittsburgh-Area Teen Hits UFCW Union and Giant Eagle with Religious Discrimination and Unfair Labor Practice Charges
January 18, 2023 // North Huntingdon Giant Eagle employee Josiah Leonatti – a high school student – has filed federal discrimination charges against the United Food and Commercial Workers (UFCW) Local 1776KS union. He maintains that union officials refused to consider his religious beliefs after he expressed religious objections to joining and paying dues to the union. Union officials, according to his charges, subjected him to an illegal “religion test” to determine whether his religious beliefs count.
Worker strikes and union elections surged in 2022 – could it mark a turning point for organized labor?
January 10, 2023 // The increase in strike activity is also important. And while the major strikes that involve 1,000 or more employees and are tracked by the Bureau of Labor Statistics arouse the greatest attention, they represent only the tip of the iceberg. The bureau recorded 20 major strikes in 2022, which is about 25% more than the average of 16 a year over the past two decades.
Opinion: SEACC United clears the air on unionization
January 4, 2023 //
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.
Chicago-Area CVS Employee Rehired After Filing Legal Action Challenging Union-Instigated Firing
December 23, 2022 // Union and CVS face federal charges after UFCW officials initiated firing of worker who exercised legal right to refrain from union membership Evanston CVS employee Lynn Gray has won reinstatement after United Food and Commercial Workers (UFCW) Local 881 union officials had her illegally fired for refusing to join the union. Gray received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.