NLRB Recent Ruling Against Macy’s Stinks

In 2011 there was a case called Specialty Healthcare that permitted micro bargaining units in the healthcare industry. Micro bargaining units exist when just a few people in a department, instead of all people in the company, are allowed to be in a union. In a grocery store, this means the frozen food employees can…
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Ormet Allowed to Sell Bankrupt Ohio Facility Free and Clear of Unfunded Pension Obligations

Ormet, a Delaware corporation, recently went bankrupt and shuttered its facilities in Ohio and Louisiana. As part of the bankruptcy proceedings, Ormet agreed to sell its Ohio plant for $25 million. The Steelworkers Pension Trust, the union representing Ormet’s employees, tried to delay the closing on the theory that the deal approved by the judge…
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NLRB Building a Pathway to Overturn Moore Dry Dock

According to Moore Dry Dock, a case from 1950, unions are required to provide assurances to secondary employers at a “common situs” that might be affected by picketing against a primary employer that their activity will not target the secondary companies. This law, which has been around for over 60 years, will likely soon be…
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Grocery Store Maintained Unlawful “Data Protection” Rule

The Fresh & Easy grocery chain committed an unfair labor practice when it instructed workers to, “Keep customer and employee information secure. Information must be used fairly, lawfully, and only for the purpose for which it was obtained.” The NLRB said employees would reasonably understand the provision as a ban on discussing or disclosing employee…
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Youngstown Hospital Modifying its Nurse Staffing Model to the Chagrin of the Nurses’ Union

ValleyCare Trumbull Memorial Hospital notified the Service Employees International Union District 1199, covering nurses who work at the Hospital, of its intent to transition to a nurse staffing model that uses only registered nurses (RN) and nursing assistants. The Hospital will lay off over 40 licensed practical nurses (LPN). LPNs have typically received an associate…
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Faucet Company Stopwatches Bathroom Breaks

After losing 120 production hours in May because of unscheduled bathroom breaks, WaterSaver Faucet Co. unilaterally implemented a policy prohibiting employees from taking restroom breaks lasting more than 6 minutes. While draconian on its face, employees are able to use the washroom during their 10-minute morning break, 30-minute lunch break, 15-minute afternoon break, and 5-minute…
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