Hospital Flunks Labor Law 101, Changes Dress Code Without Bargaining

Wanting to improve the professional image of its employees, a hospital decided to revamp its dress code policy. Included in the revisions was a color-coded uniform system designed to help staff, patients, and visitors more easily identify and distinguish employees. The hospital did not inform the union about these changes. An unlawful change, the NLRB…
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Employees Reinstated Despite Post-Discharge Conduct Unless Serving Time in Prison

Employee Neel began working at a call center in early 2011 that solicited donations for non-profits. He was instrumental in organizing workers into a union, was elected union steward, and became a member on the union negotiating committee. Neel was fired in 2012 for breaking multiple protocols while on the phone. Yet, the Board ruled…
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Contrary to NLRB’s Position, Liberal Ninth Circuit Upholds Mandatory Arbitration Agreements

The Ninth Circuit recently upheld arbitration agreements with provisions requiring employees to waive their rights to bring class actions alleging overtime and other employment law violations. If you remember, the NLRB ruled in D.R. Horton, that such agreements violated the National Labor Relations Act, and despite the Fifth Circuit overturning the Board’s holding, the Board…
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QR Codes Not Appear in NLRB Notices

When an employer (or union, though rarely these days) is found by the NLRB to have violated the National Labor Relations Act, the Board usually requires the violator to post a “Notice” informing employees of the violation and advising them of their rights under federal labor law. In the past, the Notice has referred to…
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UAW Likely to Focus on Big Three Negotiations Before Continuing to Organize Southern Auto Manufacturers

The United Autoworkers Union will likely not seek another NLRB election in the South until after renegotiating the 2015 contracts for the Big Three automakers in Detroit. After those negotiations end, UAW will probably be in a better position to have unorganized southern autoworkers buy what the union is selling. The success of the UAW…
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NLRB Seeks to Rewrite Legal Standard to More Easily Find Joint Employer Relationships

Consistent with the Board’s recent rulings, the NLRB General Counsel wants to overturn decades of legal precedent. The latest target is expanding the joint employer standard in an effort to increase unionization rates among employees. The GC urged the Board to adopt a new standard that would result in finding a joint employer relationship “under…
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