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Category Archives: Non-Union

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New NLRB Ruling Requires Unions to Provide Greater Detail to Beck Objectors

On March 21, 2017, the National Labor Relations Board (“NLRB” or “Board”) found that a Teamsters local violated Section 8(b)(1)(A) of the National Labor Relations Act (“Act”) by failing to provide sufficient information about the financial expenditures of the local and its affiliates to two workers employed in a bargaining unit who exercised their rights… Continue Reading

Is No Class Action Waiver Safe? NLRB Judge Finds AT&T’s Non-Mandatory Arbitration Agreement with Non-Union Employees Unlawful

Even further expanding the National Labor Relations Board’s (“NLRB”) holdings in D.R. Horton and Murphy Oil limiting employer requirements concerning class action waivers, on June 26, 2015, an NLRB administrative law judge (“ALJ”) ruled that even a non-mandatory arbitration agreement that is voluntarily entered into by employees is unlawful if it requires employees to waive… Continue Reading

NLRB Dramatically Educates Private School on Meaning of Concerted Protected Activity

While we have been reminding readers of the fact that  the National Labor Relations Act (the “Act”) protects employees regardless of whether they are represented by a union and the Act applies to non-unionized workforces, too, recently  a National Labor Relations Board (the “NLRB”) Administrative Law Judge issued a decision following an unfair labor practice… Continue Reading

Attend EBG’s 2015 Labor Briefings in Westchester County, New York and Los Angeles, California

New Union Rules and Rulings: Proactive Strategies for Employers Facing Today’s Aggressive National Labor Relations Board and New Expedited Representation Elections April 14, 2015 – Hilton Westchester, Rye Brook, New York May 7, 2015 – The L.A. Hotel Downtown, Los Angeles, California The National Labor Relations Board (NLRB) has adopted dramatic new rules and processes… Continue Reading

“First Kill All The Lawyers” – Obama’s Persuader Rules Target Employer’s Right to Counsel

While most Americans were preparing for their Thanksgiving Feast, President Obama showed his thanks last week to Big Labor and its hundreds of millions in campaign contributions by ignominiously allowing his recently confirmed Labor Secretary to move forward his DOL’s long pending radical proposal to dramatically change the decades old “Persuader Regulations”.  The Proposed Rule… Continue Reading

Bad Faith Bargaining or Just Bad Bargaining: President Obama Names Unconstitutionally Appointed Griffin as NLRB GC

On August 1st President Obama made a bold statement by appointing Richard Griffin to serve as the NLRB’s General Counsel only three days after the former union lawyer vacated his unconstitutional recess appointment as a NLRB Board Member. The President statement by appointment made at least two things clear – The President wants an aggressive… Continue Reading

Wal-Mart Sues UFCW In Attempt to Get Declaratory Ruling That Union Trespass Inside Retail Stores Is Not Protected

By: Steven R. Blackburn Wal-Mart Stores has filed an interesting and unusual lawsuit in Los Angeles Superior Court seeking injunctive relief to stop various activities conducted by the United Food and Commercial Workers Union and its subsidiary “OUR Wal-Mart” (Organization United for Respect at Wal-Mart) in connection with their long-running efforts to organize the giant… Continue Reading

Third Circuit: President Obama’s Recess Appointments to the NLRB Were Unconstitutional

By: Evan Rosen and Adam C. Abrahms Yesterday, in a 2-1 decision, the Third Circuit Court of Appeals became the second appellate court to issue a ruling that President Obama’s recess appointments to the National Labor Relations Board (the “Board”) were constitutionally invalid because they did not occur during an “intersession recess” of the United… Continue Reading

Executive Privilege (a new Twinkie Defense?): What Executives Can and Should Say About Unions

In the past week media reports abound regarding a controversial allegedly “anti-union” statement made by a high level executive associated with the iconic snack cake Twinkies.  As widely reported late last year, the original Twinkie maker, Hostess Brands, Inc.,  was forced to close, liquidate and lay off its entire unionized workforce, publicly blaming the recalcitrance of… Continue Reading

Labor Relations in the Health Care Industry – What Employers Should Know Now! A Webinar Series

Epstein Becker Green is pleased to announce a webinar series for health care employers focusing on new and more aggressive tactics and strategies being employed by health care industry unions. This three-part webinar series will provide an in-depth analysis and offer tools to assist employers who currently have union represented workforces as well as those… Continue Reading

At an All-time Low, Necessity and Political Power Will Force Increased Union Organizing in 2013

In a year marked by backlash against organized labor in traditional union strong holds such as Wisconsin, Ohio and Michigan, the Bureau of Labor Statistics has reported that union membership reached historic lows in 2012 as the result of that backlash along with other factors dwindled union ranks. Organized labor lost 398,000 members in 2012… Continue Reading

Alliance of Aggressive Unions (CNA and NUHW) Formed to Target Hospitals

On January 3, 2013, the California Nurses Association/National Nurses United (CNA/NNU) and the National Union of Healthcare Workers (NUHW), two of the healthcare industry’s most aggressive unions, announced a new alliance designed to organize employees in non-union hospitals, impose their agenda on already unionized hospitals and target the members of rival union Service Employees International… Continue Reading

Five Actions That Non-Union Employers Should Take to Retain Their Union-Free Status in 2013

I wrote the October 2012 edition of Take 5: Views You Can Use, a newsletter published by the Labor and Employment practice of Epstein Becker Green.  In it, I outline five actions that non-union employers should take to retain their union-free status in 2013: Assess your company’s vulnerability. Ensure that company policies are compliant and… Continue Reading

Labor Law vs. Common Sense – NLRB Continues Targeting Non-Union Employers and Common Sense

It seems with each passing month the National Labor Relations Board or its Acting General Counsel opens yet another new front on its assault on non-union employers.  A trend has emerged which puts labor law in conflict with standard employment practices.  From hire, to control of the workplace and employer property, to the manner post-termination… Continue Reading

Life, Liberty and the Use of Your Employers’ Property – NLRB Continues to Expand Access for Union Organizing

Over the past year the NLRB has issued a series of decisions which, taken together, mark a dramatic shift in the property rights of employers and expand the right of employees seeking to use their employer’s property to organize. Two decades ago, in Lechmere, Inc. v. NLRB, the U.S. Supreme Court ruled that employers had… Continue Reading