NLRB Refuses to Allow Truckers to Form a Micro Bargaining Unit

In contrast to yesterday’s blog post that summarized a decision where the NLRB upheld a micro bargaining unit, today the Board refuses to find that a micro bargaining unit is necessary. The Teamsters union petitioned for an election of only drivers who drive company-owned vehicles and excluding drivers who use their own vehicles. The Regional…
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NLRB Refuses to Review another Decision Certifying the Appropriateness of a Micro-Unit

Just 14 service technician employees at Buena Park Honda sought to organize a union. The employer thought that, at a minimum, lube technicians should be included in the bargaining unit, but the NLRB disagreed because, according to the Board, other workers did not share “an overwhelming community of interest.” When employees of a labor organization…
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Another Example of How the NLRB Gives Unions Two Bites at the Apple to Win a Union Organizing Campaign

In 2015 the NLRB pushed through the Ambush Election Rules to boost union organizing success principally by shortening the period between a union’s request for an election and the election itself and by making it more difficult for an employer to raise important, substantive legal issues prior to the election. Also among these rule changes…
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NLRB Quick to Conclude Independent Contractors are Employees

The National Labor Relations Board filed a complaint against Postmates, Inc., an on-demand company, similar to Uber, that has a network of couriers delivering goods. The complaint alleges that Postmate’s violated the National Labor Relations Act by requiring employee drivers to enter into arbitration agreements as a term of employment. The complaint further alleged that Postmates interfered…
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Employer Punished for Truthful Statements During Union Organizing Effort

Anyone who has been through a union organizing campaign can relate to the following. Until now, employers could tell the truth to their employees. Employers could tell employees that a union could not guarantee a wage increase, that everything is negotiable, that unions cost money, that unions preclude an employee from working directly with management,…
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Contractor that Thought it was Out of a Multi-Employer Bargaining Unit made Unlawful Workplace Changes

A marble contactor dropped out of a multi-employer bargaining unit and informed the union it would be terminating an existing CBA when it expired. The company also informed the workers it would implement new employment policies like modifications to wages and health insurance, stopping contributions to the union’s pension plan, as well as implementing flexible spending accounts,…
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