Management’s Workplace Blog – Information and Insights for Employers
The New York Times runs a very….peculiar op-ed today that actually marries labor and employment law. The authors of the piece argue that the “right to organize” a labor union should become a “protected class” under Title VII. Here is the crux of their argument:
Our proposal would make disciplining or firing an employee “on
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As we previously noted, the constitutionality of the NLRB is an open question these days. A few weeks ago, House Republicans jumped into the fray and convened a full-fledged hearing on the matter. That might have been interesting theatre, but, ultimately it did not mean much as far as figuring out if the current Board…
Many labor unions by-pass the traditional NLRB election process in organizing. Instead, unions will approach an employer and ask if the employer will agree to recognize the union if the union obtains a majority of signed union authorization cards — i.e. “card check.” The union will also ask that the employer sign a “neutrality agreement”…
In this first edition of Specialty Healthcare Watch, I will examine the first case that applied Specality Healthcare, Odwalla Inc., 357 NLRB No. 132 (2011).
This case starts off by answering an important question that management had following Specialty Healthcare — that is, does Specialty Healthcare apply outside the non-acute healthcare setting? Remember,…
In August, the NLRB issued perhaps its most important decision of 2011 in Specialty Healthcare, 357 NLRB No. 83 (2011). Perhaps the most critical part of any union election is the bargaining unit determination–that is the group of workers who will vote on whether or not to join the union. To draw an analogy…
Over the years, both the NLRB and the Courts have considered the issue of displaying pro-union insignia in healthcare settings. The traditional rule was that restrictions on insignia in immediate patient care areas were presumptively valid because such insignia “might be unsettling to patients.” However, a new NLRB case issued in December casts doubt on…
Yesterday, the House Education & Workforce Committee jumped into the fray over NLRB recess appointments. Some brief background: in December, President Obama appointed three new members to the NLRB. Given the acrimony over the NLRB for the last year, it was unlikely that the Senate would have confirmed the President’s nominees, so a “recess” appointment…
As followers of labor law know, the National Labor Relations Board has issued a rule requiring nearly all private sector employers to post a notice about labor unions. The posting was originally supposed to go into effect last fall, but, after some legal wrangling, the NLRB decided to delay implementation until April 30, 2012. The…
In litigation, the “American Rule” applies …. unless Congress states otherwise. Unless the NLRB states otherwise.
That is the lesson employers can take away from a recent Board case, Camelot Terrace. The facts of the case are pretty dry — the employer arguably engaged in bad-faith bargaining. One remedy in this situation is that the…
