Author Archives: John R. Merinar, Jr.

ANOTHER NLRB RULING TILTS THE PLAYING FIELD AGAINST EMPLOYERS

On August 27, 2015, the National Labor Relations Board released its opinion in the case of Browning-Ferris Industries of California, Inc. and Sanitary Truck Drivers and Helpers, Local 350, International Brotherhood of Teamsters, Case 32-RC-109684.  Browning-Ferris Industries (BFI) operated a recycling facility.  Another employer, Leadpoint Business Services (Leadpoint), provided workers who sorted recyclable materials inside the facility.  The relationship between BFI and Leadpoint is governed by a Temporary Labor Services Agreement.  The question in the case was whether or not BFI and Leadpoint are joint employers. The answer was, “yes.”

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WHEN AN EMPLOYER’S COLLECTIVE BARGAINING OBLIGATIONS SURVIVE EXPIRATION OF THE CONTRACT

On December 20, 2012, the NLRB released its decision in WKYC, Inc., a case in which a union challenged the Board’s long-standing rule that an employer’s obligation to withhold union dues expires when the collective bargaining agreement expires. 

Not surprisingly, the Board sided with labor in the case, holding that an employer must continue to withhold union dues even after an agreement expires, unless the employer can show that it has bargained to impasse with the union, or that the union has expressly waived its right to continue receiving dues. 

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NLRB CONTINUES HARD PUSH TO EXPAND UNIONIZATION

As we previously discussed on this blog a few weeks ago, the United States District Court for the D.C. Circuit recently denied the request made by several employer trade groups to temporarily enjoin the NLRB from enforcing the requirement to post a notice to employees describing their right to form and join unions.  Now, on the heels of this victory, the NLRB is at it again.

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THE NLRB GIVES UNIONS A BOOST…AGAIN

As readers of this blog know well, union organizers all over the country have had the chance to act like children on Christmas morning an awful lot lately thanks to the National Labor Relations Board.

Putting aside for a minute the fact that things have gotten so bad a member of the House just proposed a bill called the National Labor Relations Reorganization Act of 2011 in an effort to abolish the NLRB, those organizers got a real treat about a month ago when news spread about the NLRB’s decision in Specialty Healthcare and Rehabilitation Center of Mobile.

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THE END OF AN ERA? THE NLRB’S ASSAULT ON FREE SPEECH

There is an alarming connection between the National Labor Relations Board’s much-publicized decision to file a complaint against Boeing, covered previously on this blog HERE and HERE, and the new proposed election rules which the NLRB announced a few weeks ago.  Put simply, both actions are part of the Board’s recent effort to severely curtail employer free speech rights.

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ALARMING ASPECTS OF THE NLRB’S CASE AGAINST BOEING: PART 1

Though many employers find the National Labor Relations Board (“NLRB”) to be overly protective of employees, to its credit, the NLRB  has fulfilled its mission of enforcing the National Labor Relations Act in such a way as to maintain a reasonable balance over the past several decades.  A cornerstone concept which made that balance possible is that employers, union representatives, and employees are, with very few exceptions, free to make factual statements without fear of facing charges before the NLRB.  That cornerstone concept is now being threatened.

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MAKING A UNION ORGANIZER’S JOB TOUGHER

While we have written in this space before about efforts in legislatures all over the country to stem or limit collective bargaining (particularly in the public sector), union organizers persist for the time being, looking to mobilize your workforce into what would surely be a daily headache you don’t need.  The good news, however, is that you don’t have to wait for the legislature in your state to address this problem.  Non-union employers can – and should – take steps on their own to situate their workplace so it is less susceptible to union organizing.  How?  Click on the video below for a short take on just a few such suggestions.

WHAT IS A ‘QUALIFIED’ CONTRACTOR?

Recently, the West Virginia School Building Authority disseminated a list of 18 criteria which county school boards are supposed to use in order to determine whether a contractor bidding on a project is qualified to perform the work.  The list of 18 criteria is accompanied by a short paragraph explaining that no single criterion is to be determinative.  Rather, all of the criteria are to be considered as a whole.

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PENNSYLVANIA PASSES THE “CONSTRUCTION WORKPLACE MISCLASSIFICATION ACT”

On October 13, 2010, Pennsylvania Governor Edward Rendell signed HB 400, known as the “Construction Workplace Misclassification Act.”  The purpose of the Act is to clarify when a construction worker can be classified as an independent contractor, rather than an employee.

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