By Nelson Cary on Posted in EFCA,NLRBIt is only Wednesday, and yet the week has still been a tough one for employers concerned about union-related issues. On Monday, the U.S. Department of Labor proposed a new interpretation regarding persuader activity. Then yesterday, the NLRB announced a proposed rule that will significantly change, and likely accelerate, the union election process. The official publication of the… Continue Reading
By Nelson Cary on Posted in EFCA,NLRBPreviously, Vorys on Labor reported on several state ballot initiatives that advanced amendments to state constitutions. The amendments purported to protect the right to a secret ballot in any election, including a labor election. These amendments passed by substantial margins in Utah, South Dakota, South Carolina, and Arizona — everywhere they were on the ballot. As the… Continue Reading
By Nelson Cary on Posted in EFCA,LegislationEarlier this week, we identified three things the labor professional may want to look for in the mid-term elections. The election is over and most, but not all, of the results are in. Of the three things identified on our earlier post, we can report results on two of them. First, the state constitutional amendments… Continue Reading
By Nelson Cary on Posted in EFCA,LegislationIn all of the talk about the mid-term elections on November 2, it would be easy to overlook issues that might be more important to the labor professional. Thus, this short list of what to watch for in the elections this week. State efforts to limit EFCA. Voters in four states — South Dakota, South Carolina,… Continue Reading
By Nelson Cary on Posted in EFCA,NLRB,Union OrganizingNLRB Acting General Counsel Lafe Solomon announced yesterday that the Office of the General Counsel (which acts as the "prosecutor" in unfair labor practice cases) is implementing a program to streamline the handling of Section 10(j) cases that involve employee discharges during union organizing campaigns. Section 10(j) authorizes the NLRB to seek an injunction from a… Continue Reading
By Nelson Cary on Posted in EFCA,Union Organizing,UnionsOver the past ten days, some interesting developments suggest that at least some in organized labor may be thinking about life without EFCA. The story begins with remarks President Obama made on September 13, while speaking at an event in Virginia. He answered a question posed by an audience member on the EFCA. He acknowledged that… Continue Reading
By Nelson Cary on Posted in EFCALast week, President Obama spoke to the AFL-CIO’s Executive Council. The Executive Council has 54 members. According to the labor organization’s website, the Executive Council is responsible for guiding the daily work of the federation. President Obama’s speech reportedly covered a number areas, including the Employee Free Choice Act (EFCA). In commenting on EFCA, President… Continue Reading
By Nelson Cary on Posted in EFCAAlthough not making nearly the news it used to, the debate over EFCA continues to swirl. Over the last couple of weeks, some interesting tidbits have surfaced. First, talk of a "lame duck" effort to pass EFCA continues. Columnist Charles Krauthammer, in a column entitled "Beware the Lame Duck" in The Washington Post, is one… Continue Reading
By Nelson Cary on Posted in EFCA"To those who say it’s dead, I say think again." So said Sen. Harkin (D.-Iowa) in an interview on the Bill Press radio show a few days ago. Click here for the story from The Hill. Sen. Harkin also suggested that EFCA could be split up and votes held on different parts of it. He also… Continue Reading
By Nelson Cary on Posted in EFCAPart of the debate surrounding EFCA focuses on the question of whether the card check provisions of ERCA would result in increased union organizing efforts. The empirical research available on this question has been slim. However, two professors have recently published a paper that sheds new light on the issue. Rafael Gely, a law professor… Continue Reading
By Nelson Cary on Posted in EFCA,NLRB,Union Membership,Union OrganizingRecently, graduate students at New York University who serve as teaching assistants filed a petition with the NLRB seeking a union representation election. Click here for the New York Times story. The Graduate Student Organizing Committee, part of the United Auto Workers Local 2110, submitted union authorization cards reportedly signed by more than half of… Continue Reading
By Nelson Cary on Posted in EFCAYesterday, during a weekly call, Sen. Claire McCaskill (D. Mo.) was asked about EFCA. Her answer was very interesting. She started out by indicating that she didn’t think EFCA would come up for a vote in the Senate, at least not in the format it was introduced: "Well, I don’t think card check is going… Continue Reading
By Nelson Cary on Posted in EFCA,NMB The National Mediation Board recently completed an election among baggage handlers and cargo agents at Continental Airlines. The Teamsters union was attempting to organize 7,603 workers. What happened? The Teamsters won. The final vote counted 4,102 workers in favor of Teamster representation. Click here for the ABC News story. The election was conducted under… Continue Reading
By Nelson Cary on Posted in EFCA,NLRBPresident Obama’s nominee to the NLRB, Craig Becker, failed to garner the support necessary to overcome a filibuster earlier today. Click here for the ABC News story. As a result of a "hold" placed on his nomination, under Senate rules 60 votes were required to confirm the nomination. Only 52 senators voted in favor of… Continue Reading
By Nelson Cary on Posted in EFCA,NLRBScott Brown, a Republican, won a Massachusetts Senate seat in a special election on January 19. He heads to Washington, D.C. as the 41st Republican senator, taking away the "filibuster proof" majority of the Democratic Party in the Senate. What does Brown’s election mean for EFCA and the development of labor law at the NLRB?… Continue Reading
