Posts tagged National Labor Relations Board
Teamsters turn their back on Kamala Harris
September 22, 2024 // For the first time in decades, the American union has not endorsed the Democrats.
Is It Really About Employee Voices? The National Labor Relations Board Continues its Union-Friendly Trend
August 7, 2024 // The new regulations also contain a revision that will affect construction companies. Under the NLRA, an employer cannot recognize and bargain with a union lest the union has demonstrated that it represents a majority of the employees (through cards or an election, as noted above). Section 8(f) of the NLRA provides a limited exception to this rule, and it applies solely to the construction industry. Under Section 8(f), a construction industry employer can enter into a "pre-hire" agreement with a union and negotiate employment terms regardless of whether the employees support the union. Prior to 2020, the Board allowed an employer and union to convert an "8(f) agreement" into a normal collective bargaining agreement simply by stating that the union had demonstrated majority support to the employer. That language was sufficient to block a decertification petition or petition from a rival union during the so-called "contract bar" period (the term of the labor agreement, up to three years). No evidence would be examined to attack the contract language – this provision was enough.
Op-Ed: Rep. Tim Walberg and Vinnie Vernuccio: Republicans must give workers a voice
August 2, 2024 // Union organizers can easily abuse this system, focusing on a small number of workers who can ensure a union victory. Trader Joe’s employee Michael Alcorn testified before Congress in May that “after an organizer realized I wasn’t on board, they told me that they couldn’t answer any more questions and were going to devote their attention to those who would help them ‘win.’” Alcorn also said an NLRB agent told him that “it makes sense that the organizers would only talk to people who already support the union.” Under current law, that smaller number of workers can ensure a union victory if they’re the only ones who vote.
Eureka Walmart denies union busting in response to labor board complaint
February 20, 2024 // The NLRB and Walmart — the nation’s largest private employer — are scheduled for a hearing before an administrative law judge on May 14, but they could discuss a possible settlement prior to the hearing. “The Complaint fails, in whole or in part, because even if any of the alleged conduct is found to be violation of the Act, which it is not, Walmart effectively repudiated any such conduct,” Walmart’s answer said.
Dartmouth Basketball Players can now Unionize
February 8, 2024 // The players were ruled to be employees of the school, meaning they can unionize. Not only will the players be able to negotiate their salaries, but also their practice hours and when they will travel to and from games. However, this would go against the NCAA’s amateurism rule, which states that athletes can not be compensated for competing in college athletics unless the money they receive is from scholarships and expenses. The problem is that Ivy League schools do not award scholarships for athletics meaning the Dartmouth men’s basketball team are essentially playing for free. Another problem is that these athletes are being overworked. According to the players, they testified that they were spending over 40 hours a week playing basketball. The NCAA only allows teams to practice 20 hours a week.
NLRB seeks to force Trader Joe’s to reopen New York wine store
January 25, 2024 // The NLRB said its general counsel is seeking remedies including compelling Trader Joe’s to reopen the store, which was located in New York City’s Union Square neighborhood and closed in 2022, and “make-whole relief” for its workers. The NLRB intends to encourage the union and Trader Joe’s to reach a settlement and has scheduled a hearing before an administrative law judge starting on May 7. Either party could appeal the judge’s decision to the board and ultimately to a federal appeals court. The UFCW hailed the NLRB’s decision to file the complaint as a victory for Trader Joe’s workers in their effort to gain leverage against Trader Joe’s.
Labor Board will hear union complaints against Trader Joe’s on Tuesday
January 16, 2024 // Recently, some workers have started an effort to decertify the union. One of the union opponents, Leslie Stratford, said in an email that almost half of the employees at the Hadley store have signed a petition to disband the union.
New York solar firm accused of union busting after furloughing staff
January 7, 2024 // EmPower Solar suspended 40% of its workforce but says action is unrelated to recent successful election of workers to join UAW
Commentary: Is the NLRB Unconstitutional? The Courts May Finally Decide.
December 6, 2023 // While many agencies act politically, the Board is a special problem. Unlike other agencies, the Board makes almost all its decisions not through rulemaking, but through one-off panel decisions. That means it can change policy much faster. The “law” can swing wildly from case to case. In fact, according to one study, the Board during the Obama administration reversed a group of decisions that had been on the books for more than a collective 4,500 years. The Board’s constitutional flaws are also different from those of other agencies. For example, in a recent case involving the SEC, the Fifth Circuit Court of Appeals held that the agency’s structure violated the Seventh Amendment. That was because the SEC can impose civil fines—the kind of claims that must be tried to a jury. The Board has no authority to impose civil fines, so it doesn’t have the same Seventh Amendment problem. Its problem instead comes instead from its unchecked power to decide cases. It controls the outcome in disputes affecting a range of private rights. And those disputes, according to Article III of the Constitution, should be decided only by real judges.
Buffalo Starbucks Baristas Blast National Labor Relations Board’s Move to Trap Workers in Union at Court of Appeals
November 29, 2023 // “Given the biases of the current Board, it is disheartening ― but not surprising ― to see the NLRB claim Cortes’ petition is the product of Starbucks’ alleged unfair labor practices,” the brief states. “Its own records show that nothing could be further from the truth. In reality, Cortes collected her petition because of the Union’s anti-employee behavior.” The employees’ brief also contends that the relief NLRB lawyers are seeking from the Second Circuit – a 10(j) injunction under the National Labor Relations Act (NLRA) that will force Starbucks managers into working with SBWU union bosses to craft a monopoly bargaining contract – is extreme. Such injunctions can only be ordered when the harm done to workers in their absence would be “irreparable.” Foundation attorneys argue that the fact that Cortes and other employees have attempted to decertify does not make any injuries suffered by the union “irreparable.” “The NLRB’s argument it needs an injunction to suppress decertification efforts already underway―which have already garnered majority support―is a tacit admission it is seeking to alter the status quo, not preserve it,” states the brief.