Posts tagged NLRA
Bus Driver Asks National Labor Relations Board to Overturn “Merger Doctrine” Used by Union Bosses to Block Worker-Requested Votes
February 19, 2025 // Because employees are suddenly part of a much larger and frequently geographically-dispersed “bargaining unit” with workers they have never met and likely don’t even know the names of, once “merged” it becomes effectively impossible for employees to ever reach the 30% threshold of signatures needed to trigger decertificiation or deauthorization elections
No Love Lost: Acting National Labor Relations Board General Counsel Rescinds Litany of Former GC Abruzzo’s Policy Memoranda in Valentine’s Day Shakeup
February 19, 2025 // During her tenure, former GC Abruzzo frequently issued employee-friendly memos on a host of issues, including opposing captive audience meetings, clamping down on employer surveillance, and expressing her perception of the legality of non-compete agreements and pay-or-stay provisions (for example, see alerts here and here). The memos, issued by the NLRB’s top prosecutor, signal the agency’s policy and enforcement priorities, and impact agency staff’s interpretation of their role in carrying out the agency’s objectives. Under Abruzzo, Regional Directors evaluated and acted on unfair labor practice claims as directed by the memos instead of the binding law and NLRB precedent.
Acting NLRB Counsel Rolls Back Many Biden-Era Labor Memos and Begins Process of Changing U.S. Labor Laws: What Employers Need to Know
February 18, 2025 // Overall, GC Cowen’s memo impacted 31 prior GC memos issued between 2021 and 2025 (yes, some of these were hurriedly issued in January prior to the presidential inauguration). Some of the most impactful memos that are no longer in effect include: Contending that most non-competition agreements violate federal labor law Prohibiting “stay or pay” provisions Characterizing student-athletes as employees
Free Speech Under Fire: How Restricting Employee Meetings on Unionization Prevents Workers from Making Informed Decisions
February 13, 2025 // I4AW’s report, “Free Speech Under Fire: How Restricting Employee Meetings on Unionization Prevents Workers from Making Informed Decisions,” provides a point by point rebuttal of the NLRB’s flawed claims as to why, in Amazon.com Services LLC, the NLRB incorrectly overruled its 1948 decision in Babcock & Wilcox Co., and held that an employer cannot compel employees to attend a “captive audience meeting.”
Right-to-work facts vs. myths
February 12, 2025 // What’s become evident over the decades is that right-to-work laws are associated with statistically significant gains in employment, particularly manufacturing employment, job opportunities, population growth and economic growth. If New Hampshire adopts a right-to-work law, we would expect to see improvements in all of those areas, along with an improvement in state business tax revenues resulting from the additional business activity. As for freedom vs. coercion, workers have First Amendment rights not to associate with or fund membership organizations that they choose not to join. If workers want to join unions, they should be free to do so.
How the Colorado Labor Peace Act came to be and why unions want so desperately to get rid of it
February 3, 2025 // The Colorado Labor Peace Act requires a 75% vote of approval before a union can even negotiate with an employer over imposing union security. Senate Bill 5 would remove the union security vote requirement altogether. Senate Bill 5 likely has enough Democratic support to pass the state legislature, but Gov. Jared Polis has indicated he won’t sign it into law as is. And the Colorado business community is pushing back on the proposal, too.
Macy’s loses appeal in case involving expansion of NLRB money remedy power
January 23, 2025 // The case originated when a union sought to represent only the cosmetics and fragrances workers at a Macy's (NYSE:M) store in Saugus, Massachusetts. This led to a dispute over the appropriate size and composition of the bargaining unit. The Fifth Circuit concluded that the NLRB did not violate the National Labor Relations Act or abuse its discretion in certifying the unit of cosmetics and fragrances employee.
Republican Senator Surprises Employers By Releasing Framework for Pro-Labor Bill: 7 Key Sections to Track
January 15, 2025 // Senator Josh Hawley’s (R-MO) “Pro-Worker Framework,” revealed on January 10, calls for pro-labor changes historically advocated for by Democrats and mirrors many aspects of the proposed PRO Act that has been long championed by labor leaders. Is this the beginning of a true labor revolution that will upend the traditional status quo, a plan destined to go nowhere, or something in between?
Troy-Based Eaton Corporation Worker Challenges IAM Union Scheme Pushing Termination, Fines on Workers Who Oppose Union
January 10, 2025 // An employee of power management firm Eaton Corporation’s Troy, Illinois, facility has just filed federal charges against the International Association of Machinists (IAM) union for violating the rights of multiple employees at his workplace. The employee, Robert Jacobs, maintains that IAM officials are threatening to get him and other employees who resigned union membership fired unless they pay a so-called “reinstatement fee” concocted by the union. Jacobs filed his charges at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
Seneca Niagara Resort & Casino Employees Push for Union Representation
January 7, 2025 // In the last decade, a number of cases have reached courts across the country with similar concerns. Unsurprisingly, the courts have ruled that employees of Tribal casinos and resorts fall under the National Labor Relations Act, which means that they can join forces to be represented by unions. Now, as announced by the Niagara Gazette, workers at Seneca Niagara Resort and Casino are in talks with Teamsters Local 449. Discussions with the union date back to December. One former employee and organizer of the initiative, Vernon Lohan, said on the matter: “You’re not given a fair handshake over there.” The former employee also alleged that workers at Seneca Niagara Resort and Casino may be terminated in cases that may only require a warning.