Archive for the ‘Union’ Category

“Right to Work” – Now There Are Twenty-Four

Authored By: Bruce M. Bagdady


Michigan Joins Indiana in “Right to Work”

In less than twelve months, two Midwestern states long known for their unionized workforces have passed legislation that prevents agreements requiring union membership and the payment of union dues as a condition of employment.  First, on February 1, 2012, Governor Mitch Daniels signed Indiana’s “Right to Work” bill into law to become the nation’s 23rd Right to Work state.  Now, Michigan becomes the 24th state to make this important move affecting workers’ rights. (more…)

Who Is a “Supervisor”? The NLRB Gets a Lesson

Authored By: Stephen W. Lyman


Who Is a Supervisor? – The NLRB Gets It Wrong

If a person is a “supervisor” then that person is considered management, and under the NLRA that supervisor cannot be part of a union bargaining unit.  Deciding who is a supervisor can have significant consequences for employers – especially when it comes to union organizing.  This is demonstrated by the facts of a recent court case that held that the NLRB got it wrong when it ruled that LPNs were not supervisors and allowed them to be included in a bargaining unit of CNAs. (more…)

NLRB Challenges “Employment-At-Will” Acknowledgements

Authored By: Stephen W. Lyman


Virtually all employers that have an Employee Handbook also have an acknowledgement of receipt of the Handbook.  It is very common in the acknowledgement for an employer to clearly spell out the fact that the employee is an “Employee-At-Will”.  Now this common employer practice is being challenged by the NLRB.

Do Handbook Acknowledgements Violate the Law? 

In at least two recent cases filed against large private employers, the NLRB has taken the position that any “employment-at-will” acknowledgement that could reasonably tend to chill employees in the exercise of their rights under the NLRA is unlawful.    (more…)

“Quickie Election Rule” – NLRB Loses Round 2

Authored By: Stephen W. Lyman


“Quickie Election Rule” – NLRB Loses Round 2 

The NLRB has lost another round in the battle over its so-called “Quickie Election Rule.”  The federal court that on May 14, 2012 put a halt to the NLRB’s rule that would have speeded up union elections in the private sector (see our Employment Law News Article) rebuffed the NLRB’s request to reconsider its earlier ruling. (more…)

Employee Disloyalty “Too Close to Call” for the NLRB

Authored By: Travis P. Meek


In an interesting display of seeming uncertainty, the NLRB’s Division of Advice recommended the dismissal of an unfair labor practice charge against an employer.  In this case a union alleged that an employer unlawfully threatened its employees over a flyer containing statements that the worksite was contaminated with toxic, unhealthy chemicals.  In an effort to pressure the employer into caving to their bargaining demands, union representatives and employees handed out the controversial flyers to customers and taped them to the windshields of several cars parked in the lot.  The flyer purportedly issued by a fictitious “Coalition for Safe Environment and Good Jobs” (and not the union), contained in large bold print –

“CAUTION! Toxic Waste?” “Nausea Headaches Vomiting”

“Not only does [the employer] need to clean up its land, it

needs to clean up the way it treats its workers and the community.”  (more…)

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