UAW Likely to Focus on Big Three Negotiations Before Continuing to Organize Southern Auto Manufacturers

The United Autoworkers Union will likely not seek another NLRB election in the South until after renegotiating the 2015 contracts for the Big Three automakers in Detroit. After those negotiations end, UAW will probably be in a better position to have unorganized southern autoworkers buy what the union is selling. The success of the UAW…
Read More

NLRB Seeks to Rewrite Legal Standard to More Easily Find Joint Employer Relationships

Consistent with the Board’s recent rulings, the NLRB General Counsel wants to overturn decades of legal precedent. The latest target is expanding the joint employer standard in an effort to increase unionization rates among employees. The GC urged the Board to adopt a new standard that would result in finding a joint employer relationship “under…
Read More

Long Term Consequences of the Noel Canning Decision

By now, you have probably heard that the United States Supreme Court invalided President Obama’s recess appointments to the National Labor Relations Board because they were unconstitutionally made at a time when Congress was not in recess. You also probably know that the NLRB has to review the hundreds of cases unlawfully rendered as a…
Read More

Legal Developments’ Potential Impact on Franchisees

Labor unions are targeting franchisees and the restaurant industry as a whole, and they are not alone. Worker centers, including Fast Food Forward and Worker’s Organizing Committee are generally closely affiliated with, i.e. fully funded by, labor unions, and are the brains behind the fast food strikes, Black Friday strikes at Wal-Mart, and raising the…
Read More

Supreme Court Rules That President Obama’s NLRB Recess Appointments Were Invalid

The United States Supreme Court unanimously ruled on June 26, 2014 that President Obama’s three recess appointments to the National Labor Relations Board (NLRB) were unconstitutional and therefore, invalid. The Court’s ruling likely means that hundreds of cases the NLRB decided in 2012 and 2013, while the recess appointees were seated, are now invalid. Many…
Read More

Rare, ALJ Chastises NLRB for Filing Complaint on Clearly Bogus Claim

An employee was playing with a tablet computer during a company meeting. His supervisor told him to stop, but he refused to do so. She wrote him up for insubordination, and the employee laminated the warning and posted it in his cubicle where his fellow workers could see it. The employee was told to take…
Read More