One Flyer, a Nationwide NLRB Notice

A postal worker pinned a cartoon to a breakroom bulletin board. It just cost the U.S. Postal Service a nationwide unfair-labor-practice notice. This is a useful handbook audit warning for employers. In USPS (374 NLRB No. 132, decided June 11), the NLRB held the agency violated Section 8(a)(1) two ways: by maintaining a solicitation rule…
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The Clock for Negotiating a First Contract with a Union is About to Speed Up

The strategy employers have leaned on for decades after a lost election is about to get a lot weaker. Late last month, the House discharge petition for the Faster Labor Contracts Act hit 218 signatures — enough to force a floor vote in the coming weeks. The bill would require an employer to start bargaining…
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Summer’s Here. OSHA’s Heat Rule Isn’t

OSHA’s proposed heat standard — the one that would require acclimatization plans, water, rest, shade, and a pile of new recordkeeping — is stuck. The rulemaking has no finalization target, and a House bill (H.R. 6213) would bar OSHA from enforcing it at all. So employers can relax, right? Not quite. The specific rule is…
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Another Textbook Example of Violating Labor Law when Faced with Union Organizing

A Brooklyn painting company just learned that the hard way. In M.J. Melo Painting (374 NLRB No. 131, decided June 10), the NLRB hit a residential and commercial painter with the full menu of 8(a)(1) and 8(a)(3) violations after IBEW Local 1430 started organizing its painters. The playbook, per the Board: interrogate employees, tell them…
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Ohio’s Non-Compete Ban Is Still Lurking at the Statehouse

If you run an Ohio business that relies on non-competes, there’s a bill you should know about before it moves. Senate Bill 11 would bar Ohio employers from entering or enforcing non-competes against “workers” — and “workers” is defined broadly. It’s bipartisan (Blessing, R / DeMora, D), and right now it’s sitting in Senate committee.…
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You Can’t Dissolve Your Way Out of NLRB Liability

Chicago’s Signature Room closed three years ago. The company is dissolved. One owner has died. And the NLRB case is still very much alive — now aimed at an officer personally. Per the Board’s June 1 decision, Infusion Management Group, which ran The Signature Room, shut down and laid off its UNITE HERE Local 1…
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