Earlier this week, Missouri’s Governor Eric Greitens signed legislation making Missouri the 28th state to pass Right to Work legislation. New Hampshire is considering legislation that, if passed, will be signed by its Republican governor, Chris Sununu, making it the 29th state. Right to Work is, of course, legislation permitted under the Labor Management Relations
Collective Bargaining
NLRB Facilitates Joint Unionization Between Temporary and Permanent Employees
In a win for organized labor, the National Labor Relations Board (“NLRB”) reinstated a union-friendly standard under which both temporary and permanent employees may collectively bargain as a single unit without employer consent. On July 11, 2016, the NLRB’s 3-1 decision in Miller & Anderson, Inc., 364 NLRB No. 39 (2016), made it easier…
The Legacy of “Specialty Healthcare”
This post was coauthored by Inna Shelley.
The National Labor Relations Board decision in the Specialty Healthcare case has continued paving the way for the certification of increasingly fragmented micro bargaining units. On May 4th, the director of NLRB Region 2 approved a collective bargaining unit of full-time and part-time salespersons in the women’s shoe…
NBA Player Union Disclaimer of Interest
Mary Schmitt Boyer, the basketball writer for the Cleveland Plain Dealer, has written an article about the impact of the Players Union’s disclaimer of interest months after the start of the lockout. Plain Dealer Article 11-15-2011.pdf In it, she quotes me on certain aspects of the labor exception to the antitrust laws. She did…
Issue 2 Debate
For those readers interested in Ohio’s election campaign on the effort to improve its public employee collective bargaining law, here is a link to a debate in which I participated as an advocate for the reforms contained in Senate Bill 5 and Issue 2.
Union mob attacks grain depot to keep work away from another union
The Los Angeles Times reported today that a mob of hundreds of International Longshore and Warehouse Union members, alerted by a posting on the Union’s Facebook page, overpowered police and attacked a train carrying grain to a new storage facility in Longview, Washington. According to the article, the union members cut brake lines on the…
Health of patients not “core” to mission of hospital according to NLRB
In 1987, the NLRB held that a newspaper did not have to bargain with a union over its ethics policy, on the grounds that ensuring public confidence in its news reporting was a “core function” of the paper. Peerless Publications, 283 NLRB 334 (1987). In 2006, Virginia Mason Hospital in Seattle unilaterally implemented an…
Update on Boeing–NLRB Feeling Heat?
Acting NLRB General Counsel Lafe Solomon took the highly unusual step on May 9, 2011, of issuing a formal press release asserting that the Boeing Complaint was nothing unusual, and requesting interested parties to let the NLRB’s processes run their course and not to attempt to try the case in the media. As noted in…
Collective Bargaining Negotiations Break Down for NFL and Players
Interesting play call. As collective bargaining negotiations broke down yesterday between the National Football League and Players Association, the players took the unusual move of decertifying their union so that they could file an anti-trust lawsuit against the NFL in federal court in Minneapolis. A copy of the lawsuit, which seeks an injunction, is attached. …
Changes Facing Ohio Public Sector Collective Bargaining
Governor John Kasich has announced his intention to push for a radical retrenchment of Ohio’s Public Employee Bargaining Law, Ohio Revised Code Chapter 4117. Passed in 1983 during the first year of Governor Richard Celeste’s term, the bill gave unions representing state employees the right to bargain with the state, allowed unions representing state and…