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Category Archives: Union Organizing and Collective Bargaining

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You’ve Been Hacked: Media Frenzies, Credit Monitoring, and Unfair Labor Practice Charges?

Posted in Union Organizing and Collective Bargaining

Employers have long been concerned about the privacy of their confidential data.  Part of this concern, of course, relates to hackers who, for malicious or profit-driven motives, gain unlawful access to the employer’s system.  This can lead to a host of problems, including liability for failing to take proper precautions to protect the data and… Continue Reading

Board Finalizes New Rule Modifying Union Election Procedures: A Brief Summary of Provisions

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

On December 12, the National Labor Relations Board (the “Board”) finalized a new rule amending its representation case procedures.  Employers should be aware of how the new rule will affect union organization in the workplace.  The rule is aimed at “streamlining and modernizing” union election procedures so as to “expeditiously resolv[e] questions of representation.”  The… Continue Reading

Article Emphasizes Importance of Anti-Discrimination Policies

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

Bass, Berry & Sims attorneys Tim Garrett, Michael Moschel and Dustin Carlton authored the article “Handling Workplace Issues in a Politically Charged Climate” that was published by InsideCounsel on December 17. Citing heightened public interest in an employer’s response to workplace harassment due to recent high profile NFL scandals, the authors remind employers about best… Continue Reading

Analyzing recent NFL scandals: Is some conduct ever ‘off duty’?

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

Bass, Berry & Sims attorneys Tim Garrett, Michael Moschel and Dustin Carlton authored the article “Analyzing Recent NFL Scandals: Is Some Conduct Ever ‘Off Duty’?” that was published by InsideCounsel on December 4. In the article, the authors discuss recent allegations involving off-duty behavior of NFL players and how the league responded to the behavior…. Continue Reading

Pro-Union Impact of NLRB Decision in Northwestern University Case

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

Bass, Berry & Sims attorneys Michael Moschel, Tim Garrett and Dustin Carlton authored the article “NLRB’s Expansive View: The Northwestern ‘Football’ Ruling and Why Inside Counsel Should Care,” that was published by InsideCounsel on November 13. In the article, the authors discuss how the recent NLRB decision in the Northwestern University case may indicate a… Continue Reading

NLRB Sanctions “Micro-Unit” at Boston-Area Macy’s Store

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

Earlier this week, in a 3-1 decision in Macy’s Inc., the NLRB applied its controversial Specialty Healthcare decision in holding that an appropriate bargaining unit consists of employees in the cosmetics and fragrances department at a Boston-area Macy’s store, one of 11 store departments, and excludes all other sales employees at the store.  This is… Continue Reading

NLRB Orders Review of Decision that Northwestern Football Players are Primarily Employees

Posted in Union Organizing and Collective Bargaining

In a short ruling issued Thursday, April 24, the National Labor Relations Board (NLRB) granted Northwestern University’s request for review of a regional director’s decision that Northwestern football players are primarily employees and therefore can be represented by a union.  Readers will recall the extensive discussion triggered first by a petition for representation filed in… Continue Reading

NLRB Regional Director Sets April 25 as Date for Northwestern Football Players Union

Posted in Union Organizing and Collective Bargaining

National Labor Relations Board (NLRB) Regional Director has set April 25 as the date for the union vote for Northwestern University’s scholarship football players.  As readers of this blog will recall, that vote will determine whether the scholarship football players elect the College Athletes Players Association (CAPA) as their bargaining representative.  It is still not… Continue Reading

Further Reflections on Unions in College Football – Is “student athlete” a misnomer?

Posted in Union Organizing and Collective Bargaining

Is this the beginning of the end of college football as we know it?  Some argue that the end already has begun, with the “big money” of television and the corresponding commercialization prevalent in the sport.  Some argue that in today’s major college football and basketball, the phrase “student-athlete” is a misnomer. Has the end… Continue Reading

NLRB Regional Director Finds that Scholarship Football Players at Northwestern are Employees, not “Primarily Students” and Orders Union Election

Posted in Union Organizing and Collective Bargaining

Readers of this blog will recall our post on January 30 of this year, found here, regarding the effort by certain Northwestern University football players to unionize scholarship players on the team.  Many pundits (including this one) predicted that even this National Labor Relations Board (NLRB) would not find that the players were employees.  Wrong (at… Continue Reading

VW Aftermath – Factors Still Favor Non-Union South

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

Much speculation abounds regarding why workers at the Volkswagen (VW) plant in Chattanooga rejected the United Auto Workers’ (UAW) in a recent vote.  Factors appeared to be aligning in favor of the UAW, such as Statements of support for the union from VW representatives in Germany. Access to the plant for union organizers. Promise of… Continue Reading

College Football and Labor Law? Let the Debate Begin

Posted in Union Organizing and Collective Bargaining

A group of football players at Northwestern University has teamed with the United Steelworkers Union and formed a labor union, the College Athletes Players Association (CAPA).  What’s more, the players have filed a petition with the National Labor Relations Board (NLRB), at its regional office in Chicago, to have CAPA recognized as the players’ exclusive… Continue Reading

Micro-Units – What Are They and Why Should I Care?

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

“Micro-unit” is the term used to refer to a small portion of the total number of employees at a particular worksite which a labor union seeks to represent. Recent decisions by the National Labor Relations Board (“NLRB” or the “Board”) have raised employers’ concerns that unions will focus organizational efforts on such small groups, or… Continue Reading

U.S. Supreme Court to Address Neutrality Agreement

Posted in Union Organizing and Collective Bargaining

On June 24, the U.S. Supreme Court agreed to consider whether a neutrality agreement between Hollywood Greyhound Track Inc. d/b/a Mardi Gras Gaming (“Mardi Gras”) and UNITE HERE Local 355 (“UNITE HERE”) violated Section 302 of the Labor Management Relations Act (“LMRA”). A “neutrality agreement” is an agreement between an employer and a union by… Continue Reading

In the Absence of a Negotiated Grievance Procedure, Employers Must Bargain With Unions Over Significant Employee Discipline

Posted in Union Organizing and Collective Bargaining

The NLRB recently ruled that an employer who is imposing “discretionary” and “material” discipline must consult with the union before doing so if that union has won a representation election but has not yet agreed to an initial contract. The NLRB described its ruling as the first in its “doctrinal context.” The issue was whether… Continue Reading

Dues Check-off Obligation No Longer Expires With Collective Bargaining

Posted in Union Organizing and Collective Bargaining

WKYC-TV, Gannet Co., Inc., 359 NLRB No. 30 (2012) Reversing 50 years of settled precedent, the NLRB recently ruled that a “dues check-off” provision in a union contract continues to require an employer to deduct union dues from employees’ paychecks even after the union contract expires. This ruling shows the Board’s continuing path of “pro-union”… Continue Reading

Board Launches New Webpage Discussing Employee Rights

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

On June 18, the Labor Board (“Board”) announced the creation of a new webpage describing the rights of employees to act together for their “mutual aid and protection, even if they are not in a union.” Many employers may see this as the latest example of “we’re from the government and we’re here to help… Continue Reading

Last Chance Agreements – Asking for Waiver of Discrimination Claims Perilous

Posted in Employment Agreements/Non-Compete Policies and Practice, Union Organizing and Collective Bargaining

Some employers use last chance agreements (“LCA”), particularly in union settings, to allow hourly employees “one last chance” to improve performance.  In return, the employee waives the right to use the union’s grievance and arbitration process if later termination is due to continued failure to improve performance or due to another policy violation.  Employers will… Continue Reading

Federal Court Halts Board’s Changes in Election Rules

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

The National Labor Relations Board’s recent attempt to change its union election rules has been halted by a federal district court in Washington, D.C. The Court ruled that the attempted changes were not valid because the vote to approve the rules occurred when the Board did not have a quorum (Chamber of Commerce v. NLRB,… Continue Reading

NLRB postpones effective date for Notice-Posting Rule

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

The NLRB has postponed by three months the effective date for its notice-posting rule at the request of a federal court overseeing a legal challenge to the regulation from business groups.  The new effective date is April 30, 2012. The rule requires businesses to post notices apprising workers of their right to unionize. Click here for… Continue Reading

NLRB Delays Employer Notice Posting

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

The National Labor Relations Board has postponed until Jan. 31, 2012 the effective date of its regulation requiring most private employers to post a notice informing employees of their rights under federal labor law.  According to the NLRB, the purpose of the delay is to provide enhanced education and employer outreach .  Click here to read… Continue Reading