Labor and Employment Law Blog

Extraction of Agency Fees from Non-Consenting Public Employees is Unconstitutional

In Janus v AFSCME , U.S. No. 16-1466, the Supreme Court held on June 27, 2018 that  States and public sector unions  may no longer extract agency fees from non-consenting employees. Such extractions violate the employees’ First Amendment  right to free speech. The decision, delivered by Justice Alito and joined by Justices Roberts, Kennedy, Thomas […]

| 1 min read | Tagged: , , , , , , , ,
JM
Of Counsel

Unilaterally Imposed Restrictions on Employees Right to Revoke Union Dues Deduction Authorizations (Checkoff) are Unlawful

On May 8, 2018, the D.C. Circuit Court of Appeals, by a unanimous panel, upheld the NLRB decision that restrictions imposed unilaterally by an IBEW local union on employees right to revoke union dues checkoff authorizations were unlawful. See Local 58 v. NLRB, No. 17-1058 (D.C. Cir.2018) Section 302(c)(4) of the National Labor Relations Act […]

| 2 min read | Tagged: , , , , ,
JM
Of Counsel

Employees Use of Their Employers’ Email Resources for Union Activities

In Purple Communications Inc., 361 NLRB No. 126 (December 11, 2014) the NLRB reversed established precedent that employees did not have statutory rights to use their employers’ email resources for union activity.  In that case, the Board held that employees that have been given access to their employers’ email systems, must be permitted to use […]

| 2 min read | Tagged: , , , , , , , , , , , ,
JM
Of Counsel

NLRB: New Law of Unilateral Changes

There is a flurry of articles on the  NLRB decisions last week, reversing Obama-era rulings on the subjects of joint employers (Hy-Brand Industrial Contractors) handbook policies (The Boeing Co.) and the ‘micro-unit standard’ in representation cases (PCC Structurals Inc.) Another case decided last week, which has not received as much attention, will have a very […]

| 2 min read | Tagged: , , , ,
JM
Of Counsel

Labor Law Meets the NFL Anthem Protests

Recently, Jerry Jones – the outspoken owner of the Dallas Cowboys – announced an official policy that any of his players who kneeled during the national anthem would be benched. On October 11, United Labor Unions Local 100, based in Texas, filed an unfair labor practice charge with National Labor Relations Board (NRLB) asserting that […]

| 2 min read | Tagged: ,
CM
Former Associate
JM
Of Counsel

NLRB Deferral Rules to Arbitration

Many employers are unsure about the NLRB’s deferral to arbitration rules. For nearly 60 years the National Labor Relations Board (NLRB) had applied the “Spielberg/Olin” standard in cases involving whether to defer to a decision reached through a grievance/arbitration procedure in a union contract. Under this standard, the NLRB would defer IF the following factors […]

| 2 min read | Tagged: , ,
JM
Of Counsel

Forecasted Changes with a Republican NLRB

With the confirmation of William Emanuel by the Senate on September 25, 2017, the NLRB has a Republican majority. Democrat/union lawyer members had been in the majority for many years. Republican Marvin Kaplan had been confirmed by the Senate on August 2, 2017, and the Republican member Phillip Miscimarra was appointed Chairman by the President […]

| 2 min read | Tagged: , , , , , , ,
JM
Of Counsel