Author: masudlaborlaw1

10 Oct

NATIONAL LABOR RELATIONS BOARD NARROWS “PERFECTLY CLEAR SUCCESSOR” EXCEPTION IN DECISION THAT SHOULD BENEFIT COMPANIES ACQUIRING A UNIONIZED BUSINESS

In a recent decision, the National Labor Relations Board (the “Board”) narrowed the circumstances under which a business that acquires a unionized company must bargain with the union prior to setting the initial terms of employment.  The decision, Ridgewood Health Care Center, Inc., 367 NLRB 110 (2019),...

18:56 / Labor Law / masudlaborlaw1

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10 Oct

THE NLRB: Do as We Say – Not as We Do!

We previously reported on the National Labor Relations Board’s (NLRB) completely outrageous and unreasonable attacks on commonplace work rules and, in truth, best human resource practices.  A recent case has shed light on just how truly absurd the NRLB’s rulings are and, further, leave the NLRB...

18:55 / Labor Law / masudlaborlaw1

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10 Oct

MICHIGAN SUPREME COURT FINDS STATE WORKERS COVERED BY “RIGHT TO WORK” LAW

In December 2012, Governor Snyder signed legislation making Michigan the 24th state to implement Right to Work legislation.  The law became effective on March 28, 2013.  Collective bargaining agreements in effect prior to March 28, 2013 were exempt from the right to work legislation until the contracts...

18:53 / Labor Law / masudlaborlaw1

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10 Oct

MICHIGAN EMPLOYMENT RELATIONS COMMISSION FINDS 10 YEAR UNION SECURITY AGREEMENT A VIOLATION OF THE RIGHT TO WORK ACT

In December 2012, the Michigan legislature passed legislation making Michigan the 24th state to enact right to work laws.  In summary, right to work laws prohibit an employer and a labor organization from entering into an agreement requiring that employees maintain employment or otherwise pay fees...

18:52 / Labor Law / masudlaborlaw1

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10 Oct

UNION MEMBERSHIP IN MICHIGAN DROPS FOLLOWING RIGHT TO WORK LAW

The U.S. Department of Labor, Bureau of Labor statistics, has issued its report of Union membership and other employment statistics for 2014.  The BLS report shows Michigan’s union membership dropping significantly between 2013 and 2014.  The percentage of employed workers who reported being union members in 2013...

18:49 / Labor Law / masudlaborlaw1

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10 Oct

PUBLIC SECTOR UNION’S STRONG-ARM ATTEMPT DASHED BY EMPLOYEES’ FREE SPEECH RIGHTS

The United States Supreme Court recently chastised a public sector union’s attempt to force non-member employees to subsidize its political aspirations.  Many public sector employers are parties to collective bargaining agreements which include an agency shop provision.  At first blush, these agency shop provisions might appear to...

18:48 / Labor Law / masudlaborlaw1

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10 Oct

Sixth Circuit Holds That a Supervisor’s Wrongful Discharge

CLAIM IS PREEMPTED BY THE NATIONAL LABOR RELATIONS ACT Although supervisors generally are not covered by the National Labor Relations Act (“NLRA”), which protects “employees” from unfair labor practices, there is an exception that exists where a supervisor may bring a claim under the NLRA...

18:46 / Labor Law / masudlaborlaw1

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10 Oct

NLRB DISMANTLING THE AT-WILL EMPLOYMENT RELATIONSHIP ONE CASE AT A TIME

The National Labor Relations Board (NLRB or “the Board”) continues its assault on basic contractual rights.  Its current target is the commonly used at-will disclaimer in employment contracts.  The Board has taken the position that employers violate the National Labor Relations Act (NLRA) simply by requiring employees...

18:44 / Labor Law / masudlaborlaw1

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10 Oct

EMPLOYER LIABLE FOR MILLIONS FOR FAILURE TO NOTIFY STATE AGENCIES

An interstate water company is on the hook for millions of dollars after the NLRB held that the employer had declared an impasse in contract negotiations and changed employee benefits without first informing state agencies that there was a labor dispute in progress.   The NLRB’s decision...

18:42 / Labor Law / masudlaborlaw1

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10 Oct

SMARTPHONE – DUMB IDEA?

Are you an employer who requires your non-exempt employees to communicate electronically with co-workers, clients, or for other work related reasons outside of regular working hours?  If so, you could be subjecting your company to significant liability for unpaid overtime wages.   The Fair Labor Standards Act (FLSA)...

18:41 / Personnel Policies and Practices / masudlaborlaw1

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