Category Archives: Labor

Supreme Court Rules Employee First Amendment Rights Trump Public-Sector Union “Agency Fees”

On June 27, 2018, the United States Supreme Court issued one of the most anticipated decisions of the year, ruling that nonunion workers cannot be forced to pay fees to public-sector unions.  In the Janus v. American Federation of State, County, and Municipal Employees Council (“AFSCME”) case, Illinois state employee Mark Janus challenged the $45 monthly fee he paid to the public-sector AFSCME union.  Janus was not a member of the AFSCME union.  However, public-sector employees who declined to join … Continue reading

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Proposed Changes to Seattle’s Paid Sick and Safe Time and Secure Scheduling Include Eliminating Union Waiver

Last week, the Seattle Office of Labor Standards announced proposed changes to Seattle Paid Sick and Safe Time and Secure Scheduling.  These changes intend to incorporate the more generous provisions from Initiative 1433, the Washington Paid Sick Leave law, into Seattle’s laws.  A couple of notable proposed changes to Seattle’s law include shortening the waiting period for employee eligibility to use paid sick time from 180 to 90 calendar days following the commencement of employment.  Additionally, whereas a waiver is … Continue reading

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NLRB – Average Time Between Petition Filing and Union Election is Just 23 Days.

The NLRB recently published the average time between the filing of a petition for an election and the election date under the NLRB’s new “quickie” election rules.  The average time (23 days) has decreased by two weeks in comparison to the prior election procedures.  This leaves significantly less time for companies to campaign against unions.  The election rules make it even more imperative for companies to promptly respond to unionization efforts in their workplaces.  For guidance on lawful campaign strategies, … Continue reading

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COURTS ORDER REINSTATEMENT FOR EMPLOYEES WHO ENGAGED IN OFFENSIVE AND PROFANE SOCIAL MEDIA CONDUCT TOWARDS THEIR EMPLOYER

Over the last several years, the National Labor Relations Board (“NLRB”) has issued several decisions overturning employer discipline for employee conduct on social media.  In a recent decision by the Second Circuit Court of Appeals, the federal court upheld the NLRB’s decision and ordered reinstatement for employees who posted a profane comment and approved an offensive post about their employer.  This appeals court decision contains some important warnings for employers who are considering discipline for employees’ negative social media conduct. … Continue reading

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Employers Should be Prepared for Union Organizing Under New “Quickie” Election Rules

The National Labor Relations Board (NLRB) has recently issued its final rules regarding union representation case procedures.  These rules are commonly referred to as quickie election rules. These quickie election rules seek to expedite the election process.  They limit an employer’s ability to respond to union campaigns, effectively ambushing an unprepared Employer. BACKGROUND The NLRB is the federal agency responsible for governing private sector employer-union relations.  Part of its charge includes conducting elections for labor union representatives.  Representation elections may … Continue reading

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NLRB Provides Legal Guidance on Weingarten Rights

A recent opinion issued by the NLRB’s Division of Advice (“Advice”) may effect employers with a unionized workforce.  Advice recently concluded that an employer did not violate an employee’s Weingarten rights when the employer searched a company vehicle driven by the employee.  Under Weingarten, an employee being interviewed may be entitled to union representation at the investigative meeting, if certain conditions are met.  The NLRB’s Division of Advice concluded that the vehicle search did not constitute an investigatory interview.  Thus, … Continue reading

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NLRB Issues Final Rule on Union Ambush Elections

The National Labor Relations Board (3-2) issued its final rule regarding representation elections on December 12, 2014.  The final rule takes effect April 14, 2015.  Among other changes, the final rule requires employers to provide a list of eligible voters to the NLRB and the union within two days following the direction of an election.  This list must include not only employees’ names and home addresses, but also their personal phone numbers and email addresses (if available). The new rule … Continue reading

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