Posts tagged NLRA
Bills Introduced in Congress Work to Secure the Right to Work for Independent Professionals
February 27, 2025 // On February 13, California Congressman Kevin Kiley (R) introduced two bills in the House of Representatives that seek to codify and protect independent professionals and contractors. In this 119th Congress, Paul has partnered with two key right-to-work organizations to reintroduce “The National Right to Work Act”: The Institute for the American Worker, and the National Right to Work Foundation.
NLRB’s in-house tribunal undermines fairness and rule of law
February 25, 2025 // Nick felt he’d followed proper procedure and compiled thorough evidence to support his case. But none of it mattered. The NLRB doesn’t have to prosecute its allegations in a proper court of law. In fact, it doesn’t even have to go beyond its own walls. The agency’s general counsel filed the case in-house, applied the NLRB’s own rules (that toss aside standard rules of evidence), and held a hearing in front of an NLRB-employed administrative law judge (ALJ) at the NLRB’s offices. Any appeal of the ALJ’s decision goes to the NLRB itself. Unsurprisingly, the ALJ in Nick’s case ruled against the restaurant and ordered it to rehire the eight employees with backpay. The NLRB affirmed the ALJ’s decision, including her order to Hiran Management to compensate the employees for any “foreseeable” harm that purportedly resulted from the terminations. These so-called “compensatory damages” are not authorized under the National Labor Relations Act. But the NLRB “discovered” this authority in December 2022—90 years after the labor act was adopted.
Starbucks Employee’s Constitutional Challenge to Labor Board Structure Fully Briefed at DC Circuit Court of Appeals
February 25, 2025 // On April 28, 2023, Cortes submitted a petition, supported by a majority of her colleagues, asking the NLRB to hold a decertification election at her Buffalo-area “Del-Chip” Starbucks store to remove Starbucks Workers United (SBWU) union officials’ bargaining powers over workers. However, NLRB Region 3 rejected Cortes’ petition, citing unfair labor practice accusations made by SBWU union officials against the Starbucks Corporation. Notably, there was no established link between these allegations and the employees’ decertification request. Similarly, Karam filed a decertification petition seeking a vote to remove the union at his Buffalo-area Starbucks store. Like Cortes’ petition, NLRB officials refuse to allow the vote to take place, citing claims made by SBWU officials. As a result the workers remain trapped under union “representation” they oppose.
Eaton Employee Forces IAM Union Bosses to Abandon Illegal Termination & Fine Threats
February 24, 2025 // Robert Jacobs, an employee of power management firm Eaton Corporation at its Troy, Illinois, facility, has forced International Association of Machinists (IAM) union officials to back off their threats to fire him unless he paid hundreds in illegal fees they imposed on him after he exercised his right to end his union membership. Jacobs filed federal charges in January challenging the union’s so-called “reinstatement fee” threats at the National Labor Relations Board (NLRB). He received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
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.