Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘standard’

This week in the war on workers: Temps win back a labor right stripped by Bush administration

Monday, July 18th, 2016

LauraClawsonUntil now, if temp workers wanted to unionize into the same bargaining units as permanent workers, both bosses—the one running the workplace, and the staffing agency “employing” the temps—had to agree. Which: Ha ha ha ha ha, yeah, no. That requirement dates back to the George W. Bush administration, of course, but now President Obama’s National Labor Relations Board has called for a return to an earlier standard:

In this new ruling from Miller & Anderson, Inc., the Board returns to a standard set in 2000, during the Clinton administration, in a case called M.B. Sturgis, Inc., which was overruled in Oakwood.

Under Sturgis, and now Miller & Anderson, permanent and jointly employed workers can negotiate in the same unit if they are employed by the same primary employer, and if they share a “community of interest.”

In a statement announcing the ruling, the NLRB said, “requiring employer consent to an otherwise appropriate bargaining unit desired by employees, Oakwood has … allowed employers to shape their ideal bargaining unit, which is precisely the opposite of what Congress intended.”

In short, this is undoing an obstacle in the way of workers organizing, taking a piece of power away from employers and giving it to workers. And it is, Erik Loomis writes, “why I have zero patience with anyone voting for Jill Stein.”

 

This blog originally appeared at DailyKos.com on July 16, 2016. Reprinted with permission. 

Laura Clawson has been a Daily Kos contributing editor since December 2006. Labor editor since 2011

NLRB's Recent Significant Decisions

Thursday, January 3rd, 2013

The NLRB in the past few weeks made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.

The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.

Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.

Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.

Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.

Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.

United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.

WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.

This post was originally posted on LawMemo on December 21, 2012. Reprinted with Permission.

About the Author: Ross Runkel is the President and Editor of Law Memo. Ross Runkel spoke at the Washington State Bar CLE on Alternative Dispute Resolution on Arbitration: 9th Circuit and Supreme Court Update and Commentary, on September 26, 2008. He was also the lead-off speaker at the Texas District & County Attorneys Association Civil Law Seminar on Recent Trends in National Employment Law, May 16, 2007. Finally, Ross Runkel spoke at the State Bar of Texas Labor & Employment Law Section Annual Update & Skills Conference, on October 7, 2006. 

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