Category Archives: Union Organizing and Collective Bargaining

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NLRB Notice Rule Violates First Amendment

By Michael Moschel on May 13th, 2013 Posted in Union Organizing and Collective Bargaining

On May 7, the U.S. Court of Appeals for the District of Columbia struck down the NLRB’s 2011 rule requiring businesses to post notice of employee rights under the National Labor Relations Act. The court found that the rule violated the constitutional right to free speech. The one-sided NLRB rule requires employers to post a… Continue Reading

Union Membership Sees a Decline in 2012

By Michael Moschel on January 23rd, 2013 Posted in Union Organizing and Collective Bargaining

The Bureau of Labor Statistics reported today that in 2012, U.S. labor unions saw their sharpest decline in membership ever. The unionization rate fell from 11.8 percent to 11.3 percent of all workers, the lowest level since the 1930s. Here is a link to the report.

In the Absence of a Negotiated Grievance Procedure, Employers Must Bargain With Unions Over Significant Employee Discipline

By Michael Moschel on January 10th, 2013 Posted in Union Organizing and Collective Bargaining

The NLRB recently ruled that an employer who is imposing “discretionary” and “material” discipline must consult with the union before doing so if that union has won a representation election but has not yet agreed to an initial contract. The NLRB described its ruling as the first in its “doctrinal context.” The issue was whether… Continue Reading

Dues Check-off Obligation No Longer Expires With Collective Bargaining

By Michael Moschel on January 7th, 2013 Posted in Union Organizing and Collective Bargaining

WKYC-TV, Gannet Co., Inc., 359 NLRB No. 30 (2012) Reversing 50 years of settled precedent, the NLRB recently ruled that a “dues check-off” provision in a union contract continues to require an employer to deduct union dues from employees’ paychecks even after the union contract expires. This ruling shows the Board’s continuing path of “pro-union”… Continue Reading

Board Launches New Webpage Discussing Employee Rights

By William Ozier on June 29th, 2012 Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

On June 18, the Labor Board (“Board”) announced the creation of a new webpage describing the rights of employees to act together for their “mutual aid and protection, even if they are not in a union.” Many employers may see this as the latest example of “we’re from the government and we’re here to help… Continue Reading

Last Chance Agreements – Asking for Waiver of Discrimination Claims Perilous

By Tim K. Garrett on June 6th, 2012 Posted in Employment Agreements/Non-Compete Policies and Practice, Union Organizing and Collective Bargaining

Some employers use last chance agreements (“LCA”), particularly in union settings, to allow hourly employees “one last chance” to improve performance. In return, the employee waives the right to use the union’s grievance and arbitration process if later termination is due to continued failure to improve performance or due to another policy violation. Employers will… Continue Reading

Federal Court Halts Board’s Changes in Election Rules

By Tim K. Garrett on May 18th, 2012 Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

The National Labor Relations Board’s recent attempt to change its union election rules has been halted by a federal district court in Washington, D.C. The Court ruled that the attempted changes were not valid because the vote to approve the rules occurred when the Board did not have a quorum (Chamber of Commerce v. NLRB,… Continue Reading

NLRB postpones effective date for Notice-Posting Rule

By Michael Moschel on January 3rd, 2012 Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

The NLRB has postponed by three months the effective date for its notice-posting rule at the request of a federal court overseeing a legal challenge to the regulation from business groups. The new effective date is April 30, 2012. The rule requires businesses to post notices apprising workers of their right to unionize. Click here for… Continue Reading

NLRB Delays Employer Notice Posting

By Michael Moschel on October 7th, 2011 Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

The National Labor Relations Board has postponed until Jan. 31, 2012 the effective date of its regulation requiring most private employers to post a notice informing employees of their rights under federal labor law. According to the NLRB, the purpose of the delay is to provide enhanced education and employer outreach . Click here to read… Continue Reading

Union’s Financing Of Lawsuit Objectionable Conduct During Union Campaign

By William Ozier on September 14th, 2011 Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining, Wage and Hour Law and Practice

According to the National Labor Relations Board (NLRB), a Union engages in objectionable conduct if, during a union campaign drive to represent workers, the union finances a lawsuit seeking to recover overtime pay for the same employees being recruited to vote for the union. This decision is important for two reasons: Employers facing an overtime… Continue Reading

Most Private Sector Employers Required to Post NLRA Notice

By Michael Moschel on August 30th, 2011 Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

On August 25, 2011, the National Labor Relations Board issued a Final Rule which requires most private sector employers to post a notice informing employees of their rights under the National Labor Relations Act. Click here for a copy of the Final Rule. Employers will be required to post a Notice which can be found… Continue Reading