By Nelson Cary and Thomas Loeb on Posted in Union NegotiationsYesterday, in a stark reversal of its precedent, the NLRB discarded the “clear and unmistakable waiver” standard. Its replacement? An employer-friendly “contract coverage” standard to determine whether a unionized employer has improperly changed a policy or practice regarding a mandatory bargaining subject. In MV Transportation, Inc., 368 N.L.R.B. No. 66 (2019), the NLRB upheld an… Continue Reading
By Nelson Cary and George Stevens on Posted in NLRB,Union OrganizingThe NLRB dealt a blow to employers yesterday, releasing its long-awaited decision in Browning-Ferris Industries. In a 3-2 decision (pdf), the NLRB rolled back nearly thirty years of case law to “restate” its joint employer standard. The result: a far more expansive test that is centered firmly on the question of control — even indirect or… Continue Reading
By Nelson Cary on Posted in NLRBFor nearly three decades, the NLRB has applied the same test to determine whether two companies are “joint employers” under the NLRA. Recently, the NLRB announced that it was inviting (pdf) interested parties to submit briefs on the question of whether the NLRB should change that test, and if so, what the test should be. Employers everywhere… Continue Reading
By Nelson Cary on Posted in NLRBBy Nelson Cary and Ashley Manfull In an extremely significant report concerning social media cases, issued on May 30, 2012, the NLRB’s Acting General Counsel (AGC) has provided more guidance to employers with social media policies. Perhaps the most helpful information for labor professionals comes at the end of the 22 page report (pdf). In concluding… Continue Reading
By Nelson Cary on Posted in NLRBBy Nelson D. Cary and Ashley M. Manfull Recently, the NLRB, in a three-member panel of Members Hayes (R), Flynn (R) and Block (D), ruled on various statements the employer made during a union organizing drive about the changes to the employer-employee relationship should employees vote for the union. In Dish Network Corp., 358 N.L.R.B.… Continue Reading
By Nelson Cary on Posted in Legislation,SERBToday, the Ohio House Commerce and Labor Committee considered amendments to Senate Bill 5. According to a report in The Columbus Dispatch, some of the changes considered include: Giving public employees the right to refuse to pay "fair share" fees to unions. Making some changes to impasse resolution mechanisms, primarily by providing an option of a public referendum on… Continue Reading
By Nelson Cary on Posted in SERBIn late 2009, SERB published its rules regarding the use of mail ballots in public employer labor elections. The rules were effective in early 2010. Accompanying the rules was a procedural summary describing how SERB intended to implement its mail ballot rule. Mail ballots were a new procedure for SERB at the time, but one that had been used before by the… Continue Reading
By Nelson Cary on Posted in SERBIn a press conference yesterday afternoon, Governor-Elect John Kasich discussed Ohio’s public sector bargaining process. The comments suggest that change may be on the horizon when it comes to binding interest arbitration for certain public employees. Ohio law presently limits the right of certain employees to strike. These employees typically hold safety sensitive positions, like police… Continue Reading
