Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

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A Limit on Micro-Unions for Now, but Long-Term Significance of Limitation Uncertain

Posted in NLRB, Union Organizing
On the heels of the much anticipated decision involving the Macy’s department store chain, discussed on this blog last week, the NLRB on Monday released its opinion in a similar case involving Neiman Marcus. Unlike the outcome in  the Macy’s case, however, the NLRB found the bargaining unit that the union sought to represent was not… Continue Reading

Supreme Court Deals Blow to Public Sector Unions

Posted in Union Membership
In a close decision earlier this week, the U.S. Supreme Court dealt a blow to unions representing government employees. The case, Harris v. Quinn, dealt with an effort in Illinois to permit unions to organize a group of individuals who provide services to those who are unable to live in their own homes without assistance. Under the… Continue Reading

OSHA and NLRB Agree to New Program: Employers Beware

Posted in NLRB
Earlier this week, the NLRB announced (pdf) that it had entered into a new program with the Occupational Safety and Health Administration (“OSHA”).  The new program will likely result in the filing of more unfair labor practice charge complaints with the NLRB.  Under existing law, an employee who believes that she is being retaliated against… Continue Reading

Unions Lose One at the NLRB (At Least for Now)

Posted in NLRB
Union members have a right to claim what is known as “objector” status. If they do, a union is obligated to recalculate the dues that those seeking objector status have to pay. The union must reduce the dues by a proportional amount that is equal to money the union spends on activities not related to collective bargaining,… Continue Reading

Court of Appeals Finds Notice Posting Rule Invalid; Violates Employer Speech Rights

Posted in NLRB
The federal courts have dealt the NLRB’s notice posting rule another setback. In a ruling Tuesday, the court of appeals in Washington, D.C., the same court that earlier this year held President Obama’s recess appointments to the NLRB unconstitutional, vacated the NLRB’s notice posting rule. The court concluded that the rule violated an employer’s right to freedom… Continue Reading

Why Does the NLRB Care About The At-Will Disclaimer in Your Employee Handbook? New Memoranda Provide Insight

Posted in NLRB
If you have an employee handbook, you probably also have a disclaimer in it to let employees know that the handbook isn’t a contract, and that the employment relationship is terminable "at-will."  Typically, these disclaimers are pretty standard, and until recently, fairly noncontroversial. As others have reported, however, actions from the NLRB earlier this year have… Continue Reading

Employer Must Bargain With Union Over Rule Adopted to Comply with OSHA General Duty Clause

Posted in NLRB
Cell phones, iPods, radios, blue tooth earpieces:  common electronic gadgets in our world today.  Labor professionals frequently must decide how to appropriately regulate the use of these devices in the workplace.  This was the problem that confronted the employer in Warren Unilube, Inc., 358 N.L.R.B. No. 92 (July 31, 2012).  The employer operated a petroleum products plant. … Continue Reading