When can a Union See an Employer’s Investigation File: Under the National Labor Relations Act, an employer must provide a union with information it requests within a reasonable time or tell the union why the employer will not provide the information. In United States Postal Service, 371 NLRB No. 7 (2021), the union requested the investigation file…

Section 8(c) Gives Employers a Voice: Section 8(c) of the National Labor Relations Act generally allows employers to express their opinions – even negative opinions – regarding unions (so long as those opinions contain neither a threat nor promise). In Trinity Services Group, Inc. 998 F.3d 978 (D.C. Cir. 2021), the DC Circuit considered whether Section 8(c) protects…

In the past three years, union shave organized 5,000 people who work on the campuses of household named companies in Silicon Valley. For example, shuttle drivers for Apple, Tesla, Twitter, LinkedIn, EBay, Yahoo!, Cisco, and Facebook are now union. Likewise, security guards for Adobe, IBM, Cisco, and Facebook, along with cafeteria works at Cisco, Intel,…

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,…

A union filed an unfair labor practice charge alleging that a company discriminated against union-represented employees by paying them a lesser bonus than non-union employees. The Employer argued it did not discriminate in paying the lower bonus amount to union employees because negotiated wage increases for union employees exceeded increases granted to non-union employees. The…

JetBlue uses outside contractors to provide baggage handling, skycap, checkpoint, and wheelchair services at JFK’s Terminal Five. Jet Blur selected PrimeFlight to replace Air Serv at JFK. Air Serv had a collective bargaining agreement with the SEIU. PrimeFlight hired 362 employees, 52 percent of whom were former Air Serv workers. On May 23, SEIU demanded recognition…