Kellogg Puts on a Clinic in How to Lock Out Employees

Kellogg Co. legally locked out over 200 union employees for nine months because a bona fide impasse had been reached after the union refused to negotiate proposals over mandatory subjects of bargaining. Specifically, Kellogg declared impasse, timely notified the Union of its demands so that the Union could evaluate whether to accept them and prevent…
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What is No Longer the Law after Noel Canning Invalidated Obama’s Recess Appointments to the NLRB

Although many controversial cases were decided by the radical pro-union NLRB between the end of 2011 and mid-2013, what follows are some of the more notable decisions that are likely no longer the law – until, at least, the current Board has the opportunity to make them law again. In Re Piedmont Gardens held that…
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Fox Television Stations Took a Round About but Effective Way to Reach Impasse

Fox Television Stations sought a wage reduction and other concessions from the Communications Workers of America during recent labor negotiations. When no agreement was reached by an agreed-upon deadline, Fox lawfully implemented an older contract offer much to chagrin of the CWA. Fox and the Union had been negotiating a successor agreement for two years…
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Handbooks are Still Being Overly-Scrutinized by the NLRB

I’ll be honest, I’m tired of warning companies that the NLRB is on a witch hunt to find minor violations of the National Labor Relations Act hidden inside handbooks of union and non-union companies alike. But, based on the number of clients who have proactively asked me to review their handbooks with an eye toward…
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The Ping Pont Legal Match that is Stopping Automatic Dues Deduction at the Expiration of a Union Contract

Under a dues check off provision, employers deduct employees’ union dues from their paychecks and forward the money directly to the union. Employees never see, and thus never miss, the money that they pay for dues and unions are not tasked with collecting dues money from each employee individually after that money has hit their…
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NLRB to Refer Possible Violations to OSHA and Wage and Hour

You probably remember when I discussed how OSHA was referring claimants to the NLRB who had missed their statute of limitations to file an OSHA charge (“OSHA Actively Encouraging Employees to File Charges with the NLRB” – Employment Services Alert issued May 22, 2014). Thankful to OSHA for doing it a solid, the NLRB will…
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