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Archive for October, 2007
SPECIAL BULLETIN: NLRB DECISIONS CHANGE IMPORTANT LABOR LAW RULES
October 13, 2007 by
Beeson Tayer & Bodine
The National Labor Relations Board’s conservative majority issued a series of decisions at the end of September substantially revising the Board’s rules that apply in many important areas of the law. This Special Bulletin summarizes… Read More
Bars to Decertification and Rival Union Petitions Lifted Following Voluntary, Card Check Recognition
In Dana Corp., 351 NLRB No. 28 (September 29, 2007), the National Labor Relations Board, in a 3-2 decision, modified its recognition- bar doctrine, and held that an employer’s voluntary recognition of a labor organization… Read More
NLRB Makes it Easier for Employers to Refuse to Reinstate Economic Strikers
In another 3-2 decision, the National Labor Relations Board announced that the at-will employment status of striker replacements does not preclude a finding that the employees are “permanent” replacements. Jones Plastic & Engineering, 351 NLRB… Read More
NLRB Majority’s Decisions Render “Salts” A “Uniquely Disfavored Class of Discriminatees”
The Republican Board majority has imposed a tough, new burden on unions seeking to prove that employers have unlawfully refused to hire union “salts.” In Toering Electric Co, 351 NLRB No. 18 (September 29, 2007),… Read More
Employer’s Burden Eased In NLRB Backpay Cases
In St. George Warehouse, 351 NLRB No. 42 (September 30, 2007), the Republican Board majority shifted from employers to the General Counsel the burden of producing evidence that an employee terminated in violation of the… Read More
Employees Guilty Of Misconduct Detected By Unlawfully Placed Video Cameras Have No Remedy With The Board
The Board majority has once again decided that employers are free to terminate employees based on employee misconduct the employer detects through surveillance cameras unilaterally installed in violation of the employer’s duty to bargain. Anheuser-Busch,… Read More
No Duty To Continue Dues Checkoff Post-Contract Expiration
In another 3-2 decision, the National Labor Relations Board has avoided an invitation from the Ninth Circuit Court of Appeals to explain its 35-year old doctrine that permits employers to discontinue dues checkoff at the… Read More
Employers Given Right to Use Lawsuits to Punish Unions
In BE&K Construction Company, 351 NLRB No. 29 (September 29, 2007), the National Labor Relations Board majority held that the filing and maintenance of a reasonably based lawsuit never violates the NLRA regardless of the… Read More
New Rule For Altered Sample Ballots
In one of the few noncontroversial decisions issued by the Board in late September, the Board has adopted a new rule for the treatment of election objections based on alterations of the Board’s official sample… Read More
Board Drops “Due Process” Test For Union Mergers and Affiliations
The Board in Kravis Center for the Performing Arts, 351 NLRB No. 19 (September 28, 2007), has dropped the “due process” requirement from its test for continuity of representation following union merger or affiliation. The… Read More
SPECIAL BULLETIN: NLRB DECISIONS CHANGE IMPORTANT LABOR LAW RULES
October 13, 2007 by Beeson Tayer & Bodine
The National Labor Relations Board’s conservative majority issued a series of decisions at the end of September substantially revising the Board’s rules that apply in many important areas of the law. This Special Bulletin summarizes… Read More
Bars to Decertification and Rival Union Petitions Lifted Following Voluntary, Card Check Recognition
In Dana Corp., 351 NLRB No. 28 (September 29, 2007), the National Labor Relations Board, in a 3-2 decision, modified its recognition- bar doctrine, and held that an employer’s voluntary recognition of a labor organization… Read More
NLRB Makes it Easier for Employers to Refuse to Reinstate Economic Strikers
In another 3-2 decision, the National Labor Relations Board announced that the at-will employment status of striker replacements does not preclude a finding that the employees are “permanent” replacements. Jones Plastic & Engineering, 351 NLRB… Read More
NLRB Majority’s Decisions Render “Salts” A “Uniquely Disfavored Class of Discriminatees”
The Republican Board majority has imposed a tough, new burden on unions seeking to prove that employers have unlawfully refused to hire union “salts.” In Toering Electric Co, 351 NLRB No. 18 (September 29, 2007),… Read More
Employer’s Burden Eased In NLRB Backpay Cases
In St. George Warehouse, 351 NLRB No. 42 (September 30, 2007), the Republican Board majority shifted from employers to the General Counsel the burden of producing evidence that an employee terminated in violation of the… Read More
Employees Guilty Of Misconduct Detected By Unlawfully Placed Video Cameras Have No Remedy With The Board
The Board majority has once again decided that employers are free to terminate employees based on employee misconduct the employer detects through surveillance cameras unilaterally installed in violation of the employer’s duty to bargain. Anheuser-Busch,… Read More
No Duty To Continue Dues Checkoff Post-Contract Expiration
In another 3-2 decision, the National Labor Relations Board has avoided an invitation from the Ninth Circuit Court of Appeals to explain its 35-year old doctrine that permits employers to discontinue dues checkoff at the… Read More
Employers Given Right to Use Lawsuits to Punish Unions
In BE&K Construction Company, 351 NLRB No. 29 (September 29, 2007), the National Labor Relations Board majority held that the filing and maintenance of a reasonably based lawsuit never violates the NLRA regardless of the… Read More
New Rule For Altered Sample Ballots
In one of the few noncontroversial decisions issued by the Board in late September, the Board has adopted a new rule for the treatment of election objections based on alterations of the Board’s official sample… Read More
Board Drops “Due Process” Test For Union Mergers and Affiliations
The Board in Kravis Center for the Performing Arts, 351 NLRB No. 19 (September 28, 2007), has dropped the “due process” requirement from its test for continuity of representation following union merger or affiliation. The… Read More
