A Project Labor Agreement requires all construction companies working on a specific project to sign a union contract before being allowed to work on a project. Union companies are already signatory to union contracts, so they suffer no effect. Conversely, non-union companies are essentially required to “become union” for that particular job.   Jersey City,…

T-Mobile had a handbook that asked employees to be professional and maintain a “positive work environment.” The NLRB found that phrase unlawful because “employees would reasonably construe the rule to restrict potentially controversial or contentious communication and discussions, including those protected by Section 7 of the [NLRA], out of fear that the [employer] would deem…

A Burger King franchise was sold. The new owner hired most of the old company’s employees. One employee not hired was a union organizer who was involved in the Fight for $15 campaign. It is illegal to not hire a known union organizer because of that employee’s union organizing activity. At trial, the employer’s manager,…

As many followers of this blog know, the National Labor Relations Board is supposed to have 5 members on it: two representing management, two representing labor, and one from the sitting President’s party. President Trump’s Republican party generally skews pro-management. So, once his nominations are confirmed, the NLRB should consist of a 3-2 pro-company majority.…

Surprisingly, most unions were slow in reacting over the past several years to the pro-union NLRB. It seemed as if unions were content on allowing the NLRB to do their heavy lifting. I fully expected unions to file more unfair labor practice charges (since the Board rarely found in favor of an employer), more petitions…

Organized labor has been on a crusade to organize all facets of higher education. The NLRB has granted unions the right to organize adjunct professors, graduate assistants, and Division I scholarship athletes. These wins have been controversial but successful for unions. You can now add to that list Resident Advisors. The Regional Director of the…