The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
Labor Law (Private Sector)
Board Drops “Due Process” Test For Union Mergers and Affiliations
October 13, 2007 by
Beeson Tayer & Bodine
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
Additional Stores Clause Ruled Permissive Subject of Bargaining
In keeping with its hostility to voluntary union recognition, the NLRB in a 2-1 decision has decided that a category of “additional” or “after-acquired stores” clauses are not mandatory subjects of bargaining. Supervalu, 351 NLRB… Read More
State Law Limiting “Hudson” Expenditures to Opt-Ins Upheld by U.S. Supreme Court
June 13, 2007 by
Beeson Tayer & Bodine
In a unanimous decision, the U.S. Supreme Court has upheld a Washington State statute that forbids public-sector unions from using agency fees collected from non-members for political and other noncollective- bargaining purposes, except with respect… Read More
NLRB Approves Union Card Check/Neutrality Agreements With Private Equity Firms
Last November the Board held in Heartland Industrial Partners, 348 NLRB No. 72, that Section 8(e) of the NLRA does not prohibit a union and a private equity firm from entering into a card check… Read More
Setback for Unions on Agency Fee Calculations
A decision by the NLRB in early 2007 may have emboldened those who refuse to pay their fair share of union dues. Individuals who object to paying full dues (known as “Beck objectors” or “agencyfee… Read More
NLRB Makes it Tougher to Dismiss Decert Petitions
The NLRB has issued a decision making it harder for unions to use unfair labor practice charges to dismiss decertification petitions. In Truserv, 349 NLRB No. 23, the Board overruled three decisions issued between 1995… Read More
Arbitrator Voids Untimely Discharge of 17
In a case handled by Sheila Sexton and Teague Paterson of the Beeson Oakland office, Arbitrator John La Rocco has issued a decision voiding the discharges of 17 Coca-Cola bottlers terminated for theft of company… Read More
Employee Right to Fraternize Restored
There was a time when the NLRB issued pro-union decisions and the DC Circuit Court of Appeal routinely struck them down. Today, however, the DC Court is often in the position of saving workers from… Read More
State Funds May Not be Used to Fight Union Organizing
October 13, 2006 by
Beeson Tayer & Bodine
After many years of litigation and multiple decisions striking down California’s neutrality law, the Ninth Circuit Court of Appeals in September reversed its previous decision and upheld the law that bars employ- ers from using… Read More
Arbitrator Sustains Grievance Protesting Employer’s Suspension
October 12, 2006 by
Beeson Tayer & Bodine
An arbitrator has ruled that the disciplinary rules of a union contract control the employer’s right to suspend employee drivers for whom the employer has failed to obtain driver in- surance. In a case handled… Read More
Board Drops “Due Process” Test For Union Mergers and Affiliations
October 13, 2007 by Beeson Tayer & Bodine
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
Additional Stores Clause Ruled Permissive Subject of Bargaining
In keeping with its hostility to voluntary union recognition, the NLRB in a 2-1 decision has decided that a category of “additional” or “after-acquired stores” clauses are not mandatory subjects of bargaining. Supervalu, 351 NLRB… Read More
State Law Limiting “Hudson” Expenditures to Opt-Ins Upheld by U.S. Supreme Court
June 13, 2007 by Beeson Tayer & Bodine
In a unanimous decision, the U.S. Supreme Court has upheld a Washington State statute that forbids public-sector unions from using agency fees collected from non-members for political and other noncollective- bargaining purposes, except with respect… Read More
NLRB Approves Union Card Check/Neutrality Agreements With Private Equity Firms
Last November the Board held in Heartland Industrial Partners, 348 NLRB No. 72, that Section 8(e) of the NLRA does not prohibit a union and a private equity firm from entering into a card check… Read More
Setback for Unions on Agency Fee Calculations
A decision by the NLRB in early 2007 may have emboldened those who refuse to pay their fair share of union dues. Individuals who object to paying full dues (known as “Beck objectors” or “agencyfee… Read More
NLRB Makes it Tougher to Dismiss Decert Petitions
The NLRB has issued a decision making it harder for unions to use unfair labor practice charges to dismiss decertification petitions. In Truserv, 349 NLRB No. 23, the Board overruled three decisions issued between 1995… Read More
Arbitrator Voids Untimely Discharge of 17
In a case handled by Sheila Sexton and Teague Paterson of the Beeson Oakland office, Arbitrator John La Rocco has issued a decision voiding the discharges of 17 Coca-Cola bottlers terminated for theft of company… Read More
Employee Right to Fraternize Restored
There was a time when the NLRB issued pro-union decisions and the DC Circuit Court of Appeal routinely struck them down. Today, however, the DC Court is often in the position of saving workers from… Read More
State Funds May Not be Used to Fight Union Organizing
October 13, 2006 by Beeson Tayer & Bodine
After many years of litigation and multiple decisions striking down California’s neutrality law, the Ninth Circuit Court of Appeals in September reversed its previous decision and upheld the law that bars employ- ers from using… Read More
Arbitrator Sustains Grievance Protesting Employer’s Suspension
October 12, 2006 by Beeson Tayer & Bodine
An arbitrator has ruled that the disciplinary rules of a union contract control the employer’s right to suspend employee drivers for whom the employer has failed to obtain driver in- surance. In a case handled… Read More
