A Pro-Union Year in Review of the Labor Movement

According to a pro-union labor organization’s year in review, workers made more gains in legislation, administrative rulings, and some courts – including the court of public opinion – than they had made since before the Reagan years. I guess that’s one way to spin the fact that unionization rates remain dismally low. According to the…
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Right to Work is Reserved for States to Decide, not Counties

About half of the states in the United States are what is called “right-to-work” states where employees do not have to join a union to work at a unionized company. Section 14(b) of the National Labor Relations Act specifically states, “Nothing in this Act shall be construed as authorizing the execution or application of agreements…
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2016 Should be the Year Persuader Rulemaking Takes Effect and is Litigated

Five years ago, the Department of Labor (DOL) first issued the proposed regulation to expand employer disclosure requirements about lawyers and consultants hired to help combat union organizing and collective bargaining activities. The rule would revise the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act by narrowing the law’s “advice” exemption as it applies…
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Window Washers Awarded Back Pay Eight Years After Bringing Claim to NLRB

Some of my clients want to get rid of the union that represents their employees. They believe that if they close their company and reopen under another name, perhaps in a different location, that the union will no longer represent their employees. I have to tell them that they are wrong. According to a public…
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Clarity on When Colleges are “Religious Enough” That Their Faculty are Precluded from Joining a Union

The National Labor Relations Board recently held that it will assert jurisdiction over faculty members of a college or university that claims to be a religious employer unless the institution shows both: 1) that it holds itself out as providing a religious educational environment; and 2) that it holds out faculty who seek to unionize…
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Union Corruption Continues in Cleveland and Kansas

In Cleveland, a labor union has been recommended for trusteeship by a federal investigative panel after it was named in a report for misusing funds and violating the Federal Labor Standards Act. The officers of the Teamsters’ Local involved, which has employees in the grocery and warehousing industry, spent over 70% of its members’ dues…
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