PSLabor News

PSLabor News

Whole Foods workers demand Amazon break ties with ICE - SiliconANGLE... Read Story
The National Labor Relations Board (NLRB) incorrectly found that an employer's statements to workers during unionization efforts were coercive, the 6th U.S. Circuit Court of Appeals ruled.In... Read Story
Kaiser Permanente's California Workers Vote to Authorize Strike... Read Story
Portugal's fuel-tanker drivers voted on Saturday to strike from Monday for ... Read Story
ABC57 News in South Bend, Ind. covers all of Michiana including St. Joseph, Elkhart, Kosciusko, LaPorte and Marshall counties in Indiana and Berrien, Cass, Van Buren and St. Joseph counties in Mich. Read Story
National Labor Relations Board says Journey Mental Health Center Inc. of Madison interfered with, restrained and coerced employees. Read Story
This ruling: Eliminates the process for anticipatory withdrawal of union recognition Replaces the process of unfair labor charge with totally new elections... Read Story
The Justice Department has moved to decertify the union of immigration judges, a maneuver that threatens to muffle an organization whose members have sometimes been openly critical of the White House's immigration enforcement agenda. Read Story
Mark Pulliam offers an alternative to the myth of the virtuous labor union. Read Story
United Auto Workers members who work for Fiat Chrysler will try to convince a federal appeals court to revive their lawsuit targeting the union and carmaker for the corruption scandal that has landed eight officials in prison. Read Story
The Philly-based late-night delivery company said it didn’t have to disclose federal labor violations when it applied for a $39 million tax break from N.J. Read Story
Late interest from British and west African consortium follows news of talks with Turkish fund... Read Story
The National Labor Relations Board has issued a proposed rule to modify three aspects of its election procedures.  According to the board’s announcement, the Notice of Proposed Rulemaking (NPRM), which will be published in the Federal Register on Monday and be subject to a comment period, would affect... Read Story
(Washington Examiner) Competing in the largest primary field in history, 2020 Democratic presidential contenders are affiliating with labor unions and offering lavish benefits to campaign staff to attract talent and bolster their liberal bona fides. Read Story
Employers whose employees want to get rid of their union just received some good news from the National Labor Relations Board. Under prior Board law, employers who had a contract with a union who received a petition indicating employees no longer wanted a union had a dilemma. Most union contracts contain recognition clauses. Board law also provides for a “contract bar” preventing employers from withdrawing recognition while a contract (up to three years long) is in effect. So even if an employer received a valid anti-union petition signed by all of its employees two months before its contract expired, the employer could not withdraw recognition until after the contract expired. The employer could only give notice that it planned to withdraw recognition after the contract expired, also known as an “anticipatory withdrawal.” This delay created a legal problem for employers. Under Levitz Furniture Co., 333 NLRB 717 (2001), the Board evaluated whether a union lacked majority support at the time of actual withdrawal. So after an employer lawfully announced its plan to withdraw recognition two months later, the union could use the two months to gather evidence of restored majority support before the actual withdrawal. The law did not require the union to provide this evidence to the employer. As a result, an employer could unlawfully withdraw recognition even though it had no idea the union had regained majority support. Even worse, unlawfully withdrawing recognition is a very serious unfair labor practice with significant ramifications if the employer makes changes to terms and conditions of employment without bargaining with the union. Any unilateral changes in that scenario would be unlawful. In Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), the Board eliminated this dilemma. Under Johnson Controls, an employer who receives, within 90 days of contract expiration, lawfully obtained proof that the union has lost majority support can still discontinue bargaining and notify the union that it plans to withdraw recognition when the contract expires. The Johnson Controls change is this: if the employer gives this notice, the Board will no longer consider whether a union has reacquired majority support at the time of actual withdrawal. If a union wishes to prove it has regained majority support, the union must now petition the Board for a secret-ballot election within 45 days after the employer announces it will withdraw recognition. If the union files a petition, the Board will process it regardless of whether the contract has expired.  During this 45-day period, the employer may choose not to withdraw recognition even if the contract expires during that window and the union has not yet filed an election petition. If the union files an election petition, the employer may also wait to withdraw recognition until after the election. This “safe harbor” allows employers to avoid potentially unlawful withdrawals of recognition. Johnson Controls also addresses how and when employers can change employees’ terms and conditions of employment after contract expiration. If the union does not file an election petition within 45 days from the date of the employer’s notice, the employer may make unilateral changes after the contract expires. If a union files a petition for an election, the employer acts at its peril if it changes terms and conditions of employment. Changes made after the petition (and after the contract expired) and before the election could be objectionable under the Board’s usual election rules. If the union loses the election and there are challenged ballots or objections, the employer acts at its peril if it makes unilateral changes depending on the outcome of the challenges or objections. If the union wins the election and the employer challenges ballots or files objections, the employer again acts at its peril if it makes unilateral changes depending on the outcome of the challenges or objections.  An employer contemplating withdrawal of recognition should consult with counsel and carefully consider all aspects of the situation before taking any action. Taft’s Employment and Labor Relations attorneys are ready to help employers navigate these complex legal issues. Feel free to call us with any questions about how this decision may impact your company. Read Story
What's more important? Money, A Companies Values, A Companies Mission and Vision or their Work Culture? Glassdoor.com did a great survey and we break i Read Story