Non-Union Members Denied Fair-Share Fee Refunds After Janus
December 1, 2019
In November, the Seventh Circuit joined the consensus across the country, concluding in two separate cases that unions that collected fair share fees prior to the U.S. Supreme Court’s ruling in Janus v. AFSCME, 585, U.S. ____ (2018), in accordance with state law and Abood v. Detroit Bd. Of Educ., 431 U.S. 209 (1977), are entitled to assert a good faith defense to Section 1983 liability.
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NLRB Puts New Limits on Union Organizing Activities on Private Property
August 30, 2019
In Bexar County Performing Arts Center Fdn. d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019), the National Labor Relations Board has limited prior decisions, which allowed the employees of a tenant to engage in union activities on the private property of their employer’s landlord.
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It Isn’t Just Unionized Employees Who Walk Off the Job these Days
August 8, 2019
While strikes have long been a tool of unions to pressure employers regarding wages and other terms and conditions of employment, in recent years, non-unionized employers have seen an increase in employee activism, including walkouts, over political and other related issues.
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Ride for Respect: Intermittent “Hit and Run” Strike or Presumptively Protected Work Stoppage?
July 31, 2019
In May of 2013, some Walmart employees boarded buses bound for Bentonville, Arkansas to attend the Company’s annual shareholders meeting. The buses formed a caravan, picking up employees at Walmart locations on the way. The caravan was dubbed the “Ride for Respect.”
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UAW Narrowly Loses at VW
June 27, 2019
Volkswagen Chattanooga employees on June 14 narrowly defeated the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) for the second time in five years: with 776 voting for union representation (48.2%) and 833 voting against it (51.8%).
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Oregon State Legislature Makes Sweeping Changes for Public Sector Unionized Employers
June 20, 2019
Oregon public employers with unionized workforces take note: last week, the Oregon State Legislature passed House Bill (“HB”) 2016, which will place numerous new restrictions and requirements on how government employers do business with unions and unionized workforces.
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NLRB Limits Union Access Rights
June 18, 2019
The National Labor Relations Board has overruled decades-old precedent in holding that employers may deny access for non-employee union representatives to public restaurants and cafeterias on the employer’s private property.
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No Solicitation: NLRB Decision Allows Employers to Prohibit Union Solicitation in the Workplace
June 17, 2019
On June 14, 2019, the National Labor Relations Board overturned its long-standing ‘public spaces’ exception that allowed nonemployee union representatives access to employer-owned public spaces so long as those representatives were not disruptive.
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Yes, Unions Discriminate Against Workers Too!
February 21, 2019
Last week, the EEOC announced that it entered into a consent decree resolving its race discrimination lawsuit against a union representing firefighters.
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Ontario: How to LOSE a Union Application for Certification
February 21, 2019
The prospect of becoming unionized is unwelcome for many employers. Along with increased costs and workplace rules, an us-vs-them mentality often creeps in making it difficult to manage your business.
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The Duty of Fair Representation for Public Sector Unions in the Wake of Janus. A Recent District Court Ruling May Signal Change
February 12, 2019
On February 22, in anticipation of the Supreme Court’s ruling in Janus that fair share fees for public sector employees are unconstitutional, the International Union of Operating Engineers, Local 150, filed a lawsuit seeking to strike down an Illinois law that compels the union to represent employees who decline to become dues-paying union members.
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Unions' Share of U.S. Workforce Shrank in 2018
January 25, 2019
According to a poll released by the Bureau of Labor Statistics (BLS), the percentage of U.S. workers over the age of 16 who are union members dipped from 10.7% to 10.5% in 2018.
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Tweets Follow

Dec 13

Alabama Minimum Wage Preemption Upheld (For Now)

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Sick Leave for Service Animals?

Dec 11

Ontario: Does the WSIB bar lawsuits for employment related stress? Apparently (in some cases)