The Wrong Way to Test Union Support
By Management Labor Lawyer | | NLRB
A New Jersey trucking company wanted to know whether its employees still wanted their union. So it ran a secret-ballot poll to ask them. NLRB held the poll broke the law. In Layla Transportation (JD-36-26), ALJ Jeffrey Gardner found the employer violated Section 8(a)(1) by polling its Teamsters-represented employees about whether they wanted the union…
Read More Are Your Charge Nurses Actually Supervisors?
By Management Labor Lawyer | | NLRB
A nursing home in Davenport, Iowa just learned the answer can be no — and it cost them their best defense. UFCW Local 431 petitioned to represent about 19 RNs and LPNs at Davenport Lutheran Home. The employer’s defense was the classic: nurses can’t unionize, because they’re statutory supervisors who direct the CNAs and CMAs.…
Read More Salary Spreadsheets Are Protected by NLRA. Firing Fast Sometimes Isn’t
By Management Labor Lawyer | | NLRB
On May 26, the D.C. Circuit upheld the Board’s finding that Vermont Information Processing (VIP) illegally fired the engineer who started a company-wide salary spreadsheet. But it vacated the findings as to three coworkers and sent those cases back. Here’s what happened. In February 2022, engineer Christopher Bendel left a bad meeting about a restructuring,…
Read More The Only Unionized Amazon Warehouse, Three Years Later
By Management Labor Lawyer | | NLRB
Chris Smalls won the first union election at an Amazon warehouse in April 2022. JFK8 on Staten Island. It made headlines everywhere. Here’s the part that didn’t: more than three years later, it’s still the only unionized Amazon warehouse in the country. And it still doesn’t have a contract. Two new pieces on Smalls landed…
Read More A “Key Holder” Is Not a Supervisor Under NLRA
By Management Labor Lawyer | | NLRB
MUJI’s Portland store tried two ways to shrink a union election. The NLRB rejected both. Per the Region 19 Decision and Direction of Election, MUJI Workers United (affiliated with the Industrial Workers of the World — yes, the Wobblies) petitioned to represent a wall-to-wall unit of about 33 employees at the SW 5th Avenue store.…
Read More The UAW Found a Better Playbook for Organizing
By Management Labor Lawyer | | NLRB
The UAW isn’t waiting for the next Big Three master agreement. It’s going plant by plant through the supply chain — and Ohio is in the blast radius. This past month: UAW Local 2093 at American Axle’s Three Rivers plant, a critical GM supplier, set a May 31 strike deadline after a 98% strike-authorization vote.…
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