Peter Kirsanow Possible Trump Choice for NLRB

Add the name Peter Kirsanow, a conservative Republican management-side labor lawyer practicing in Cleveland, Ohio, who was a member of the NLRB under President Bush through a recess appointment from January 4, 2006 to December 31, 2007, to the list of possible nominees by President-elect Trump to fill the two vacancies on the five-member National Labor … Continue Reading

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In recent years, unions representing employees in health care facilities have engaged in activities during contract negotiations to pressure employers into settling, while limiting the cost of engaging in strike activity in the form of lost wages to union employees. The two most common forms of such activity used by unions are informational picketing, and short, sometimes intermittent, strikes, usually lasting only a day or two.

Informational Picketing

Informational picketing is yet another issue on which the NLRB has recently overturned precedent, in this case favoring union rights over patient rights and health care institutions’ property rights.

Typically, informational picketing … Continue Reading

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NLRB Finds that Employer Unlawfully Refused to Bargain with Union

By: Ashley K. Laken, Esq.

Seyfarth Synopsis: NLRB rules that the operators of the Detroit Masonic Temple unlawfully refused to bargain with a union that represented various engineers and maintenance workers at the temple, even though none of the remaining members of the bargaining unit were union members.

NLRB Chairman Pearce and Members Miscimarra and McFerran unanimously ruled that the … Continue Reading

President Trump—How Will He Change the Courts and What Does that Mean for Employers? (3rd in a 3 Part Series) In this final post in a three-part series on what employers can expect from the new Trump administration, we consider possible Supreme Court nominees and future rulings affecting labor and employment law. Judicial Appointments President Trump’s election injects uncertainty into the Supreme Court’s makeup and future rulings, including employment-related cases. Because the Senate did not … Continue Reading
Voter List Delivered Directly to Union From Employer or Election Set Aside, NLRB Decides

Service of the voter list on the union by the employer is mandatory and the failure to serve it will result in setting aside an employer’s election victory when a timely objection is filed by the union, the National Labor Relations Board has decided. URS Federal Services, Inc., 365 NLRB No. 1 (Dec. 8, 2016). … Continue Reading

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Reject Offensive Language in Charges and Petitions, NLRB General Counsel Says

Do not docket unfair labor practice charges or election petitions that contain “blatantly false and demeaning language or epithets” or “offensive language,” the National Labor Relations Board’s Division of Operations-Management has instructed its regional offices. In Memorandum OM 17-05, Non-Docketing of Facially Inappropriate Charge or Petition Forms, Beth Tursell, Associate to the NLRB’s General Counsel, … Continue Reading

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As we previously reported, the ambush election rules implemented by the National Labor Relations Board (“Board”) last year tilted the scales of union elections in labor’s favor by expediting the election process and eliminating many of the steps employers have relied upon to protect their rights and those of employees who may not want a... Continue Reading
The National Labor Relations Board (“Board”) recently issued a decision that serves as a reminder for both union and non-union employers that the Board continues to take an aggressive stance on seemingly innocuous employment policies that the Board believes may chill an employee’s exercise of his or her Section 7 rights under the National Labor … Continue Reading
With a soon-to-be reformulated Board, which will be comprised of a majority of Republican appointees, don’t expect to see decisions like this again anytime soon.  In 2015, the NLRB pushed through changes to its rules governing the secret ballot election process by which employees determine whether they wish to be represented by a labor union.  … Continue Reading