Politics of the NLRB and Why it is Now Making so Many Pro-Union Rules and Decisions

Wanna know some of the politics behind the National Labor Relations Board and why it is now making so many pro-union rules and decisions? The Board consists of 5 Members appointed by the President of the United States and confirmed by the U.S. Senate. The 5 Members are generally divided as: 2 pro-business Republicans; 2…
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UAW on the Prowl to Organize Electric Vehicle Manufacturers

The United Auto Workers union recently won an election to represent employees at an electric car battery plant near Youngstown, Ohio. This is the first win in the electric car market for the UAW. Conventional vehicles that run on fuel are being phased out. So, too, are the engines, transmissions, and other parts that are…
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NLRB Requires Employers to Treat Similar Workers Similarly

There is a reason that lawyers and HR professionals always want management to treat similar people similarly. If you overlook disciplining someone for one thing, you should overlook disciplining another person for doing the same thing. Even if you don’t like that person. A New York hospital violated the National Labor Relations Act by firing…
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NLRB Changes Law on Employee Feedback Groups

Many companies encourage employee feedback. Some have a “suggestion box”. Some have an employee “hotline”. Others have open door policies that encourage employees to express themselves. T-Mobile had an Employee Feedback Group called T-Voice that listened to the concerns of their customer service representative co-workers. Sometimes T-Voice made suggestions to management about the feedback it…
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NLRB Changes the Law on Dress Codes

Add “dress codes” to the laws that the current NLRB has changed. This list gets longer by the day. Now, when an employer attempts to impose any restriction on a worker’s right to display union insignia, that restriction is presumptively unlawful unless the employer proves “special circumstances” to justify the restriction. Tesla arguably met the…
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Making Lawful Unilateral Changes to Union Contracts

Employers usually commit an unfair labor practice when unilaterally changing terms of a collective bargaining agreement. But not always. I’ve unilaterally changed many terms of a CBA without acting unlawfully. The safest way to do this is when there is an emergency (labor law calls it an “exigent circumstance”). Exigent circumstances are created by things…
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