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Topic: NLRB


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In the News (Sat 26 Dec 09)

  
  NLRB | About Us | Overview
Congress established the National Labor Relations Board (NLRB) in 1935 to administer the National Labor Relations Act (NLRA), the primary law that governs relations between unions, employees and employers in the private sector.
The NLRB is organized into two major components: a five-member governing Board, and the Office of the General Counsel.
Board members and the General Counsel are appointed by the President and confirmed by the Senate.
www.nlrb.gov /about_us/overview/index.aspx   (228 words)

  
 WLJ - NLRB issues new ‘full’ consent election agreement option   (Site not responding. Last check: 2007-10-11)
Specifically, the NLRB conducts elections among private sector employers to determine whether or not the employees want to be represented by a union.
The NLRB is comprised of a five-member board and, separately, the Office of General Counsel, who is independent from the board and responsible for investigating and prosecuting unfair labor practice cases.
Under the new NLRB regulations, parties to the election may stipulate that the regional director may decide all election disputes with no right of appeal to the board in Washington.
www.wislawjournal.com /archive/2005/0427/finerty-042705.html   (712 words)

  
 HOFFMAN PLASTIC COMPOUNDS, INC. V. NLRB
NLRB, 467 U.S. (1984), and in conflict with IRCA, which makes it unlawful for employers knowingly to hire undocumented workers or for employees to use fraudulent documents to establish employment eligibility.
NLRB, 316 U.S., 40—46 (1942), where the Government told us that the Board’s remedy was entirely consistent with the federal maritime laws, and NLRB v.
NLRB, 311 U.S., 9—12 (1940), it is an open question whether awarding backpay to undocumented aliens, who have no entitlement to work in the United States at all, might constitute a prohibited punitive remedy against an employer.
supct.law.cornell.edu /supct/html/00-1595.ZO.html   (4018 words)

  
 NLRB election procedures - Wikipedia, the free encyclopedia
Among the NLRB’s chief responsibilities is the holding of elections to permit employees to vote whether they wish to be represented by a particular labor union.
However, because the General Counsel of the NLRB rarely seeks injunctive relief in cases of this sort, an employer that wants to take the risk of liability and believes it can withstand a strike can delay bargaining with a union for years after it has won the election.
The NLRB will not accrete employees to an existing unit, however, if they have been historically excluded from the unit, no matter how strong the community of interest might be; in that case the union must obtain proof of majority support to add them to the unit.
en.wikipedia.org /wiki/NLRB_election_procedures   (3690 words)

  
 NLRB Guidelines for Response to Beck-Related Public Inquiries
NLRB (Rockford-Beloit Pattern Jobbers), 473 U.S. that an employee is free to resign from “full” union membership at any time.
If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.
NLRB, 920 F.2d 1282, 135 LRRM 3177, the Sixth Circuit held that Section 19 was unconstitutional.
www.nacua.org /documents/NLRBGuidelinesBeckRelatedInquiries.html   (3095 words)

  
 NLRB supports bribery judgement against Overnite
The National Labor Relations Board (NLRB) has affirmed an April 2001 judicial decision against less-than-truckload carrier Overnite Transportation Co. of Richmond, VA, that it engaged in soliciting and bribing employees to circulate petitions to decertify the International Brotherhood of Teamsters.
The NLRB also found that Overnite violated federal law by threatening an employee with disciplinary action if he refused to cross a picket line.
NLRB’s decision marks yet another chapter in the two-year strike the Teamsters are waging against Overnite, one of the largest non-union LTL carriers in the U.S. The Teamsters launched the strike against Overnight – a subsidiary of railroad giant Union Pacific – on October 24, 1999.
fleetowner.com /news/fleet_nlrb_supports_bribery/index.html   (206 words)

  
 Ballard Spahr Andrews & Ingersoll, LLP | Press Room | News & Publications |
In setting aside the employer's election victory in Woodman's, the NLRB ruled that while it will continue to consider the percentage of names omitted from the list, that factor will not be dispositive in determining whether an employer has met its Excelsior requirements.
Rather, the NLRB also will look at whether the number of omissions is determinative in the election, as well as the employer's stated reasons for the omissions.
Based on the NLRB's decision in Woodman's, regardless of the size of the voting unit, it is crucial that employers produce timely, accurate and complete Excelsior lists or risk the NLRB setting aside a victory in a union election.
www.ballardspahr.com /press/article.asp?ID=220   (340 words)

  
 Employment Law: NLRB Weighs in on Employer Rules Restricting Off Duty Fraternization with Co-Workers and Clients’ ...
The NLRB therefore found that this rule was a proper means for preventing “the appearance of favoritism, claims of sexual harassment, and employee dissension created by romantic relationships in the workplace.”
With respect to the no-solicitation or distribution of literature while on duty or in uniform rule, the NLRB noted that it has consistently held that “a rule prohibiting employee solicitation, which is not by its terms limited to working time” violates Section 7.
However, it is clear from NLRB precedent that employers cannot expressly prohibit their employees from meeting in order to engage in concerted activity with respect to mutual aid or protection.
ceb.com /newsletterv15/NLRB.htm   (1216 words)

  
 NLRB Issues Guidance on Procedures Implementing Hoffman Plastic Decision
The guidance was issued in the form of a memorandum from the NLRB's general counsel, who prosecutes violations of the National Labor Relations Act (NLRA), to the agency's regional offices.
In A.P.R.A., the NLRB ordered reinstatement conditioned on the workers' ability to establish their work authorization and to comply with the I?9 employment eligibility verification requirements at the time of returning to work.
In cases where the employer did not knowingly hire the undocumented worker and the employer can show that the worker would not have been hired had the employer known about her lack of work authorization, then the reinstatement remedy is not available.
www.nilc.org /immsemplymnt/emprights/emprights051.htm   (484 words)

  
 San Francisco Building and Construction Trades Council - Organized Labor: NLRB Conference with Laborers Terry O'sullivan
The remarks by the NLRB Chairman, Robert J. Bautista, reflected his conservative philosophy in managing the federal agency that oversees the collective bargaining process.
In mid-morning there was a spirited discussion of current NLRB issues by a 4-member panel of attorneys including Jane Lawhon of the California Nurses Association, Anne Libbin from Kaiser Permanente, Curt Kirschner of the law firm of O'Melveny & Myers.
The panel was moderated by the new regional director of the NLRB in the West, Joseph P. Norelli.
www.sfbctc.org /91905-nlrb.html   (1500 words)

  
 NLRB - Webled.com
[ The NLRB is a Federal agency that administers the National Labor ]...
[ NLRB is a Federal agency that: conducts elections to determine whether ]...
NLRB Watch - The Newsletter Devoted to Trends in NLRB Case Law and...
www.webled.com /NLRB.htm   (479 words)

  
 AFT - Press Center - Releases - 2004 - NLRB Decision
In private universities, however, their right to organize was unclear until the 2000 NLRB decision involving New York University guaranteed that right.
In the private sector, the AFT recently organized teaching and research assistants at the University of Pennsylvania, a private Ivy League institution.
The university has refused repeatedly to recognize the election held there in 2003 until the NLRB reviewed its earlier decision giving private university graduate employees the same rights as graduate employees in public institutions.
www.aft.org /presscenter/releases/2004/071504_nlrb.htm   (383 words)

  
 Memorandum of Understanding Between the General Counsel of the National Labor Relations Board and the Equal Employment ...   (Site not responding. Last check: 2007-10-11)
EEOC and the NLRB shall share any information relating to the employment policies and practices of a respondent, employer or union that may assist each agency in carrying out its responsibilities under this agreement.
However, after a case is closed, the NLRB is willing to release some case file documents pursuant to a request under limited circumstances.
If conciliation fails, the NLRB will consult with the EEOC and will determine whether to defer the case for a further period or to resume its processing of the case.
www.eeoc.gov /policy/docs/eeoc-nlrb-ada.html   (604 words)

  
 GASO: NLRB
The National office for the NLRB, the site to which appeals and difficult problems are submitted and refered, is in Washington D.C. The NLRB also has regional offices that handle the routine issues.
The NLRB reversed this decision on Oct 31, 2000 in a case where NYU graduate students, with the logistical help of the UAW, pressed for union recognition under the NLRA.
Of course not happy with the decision, GESO appealed the case to the NLRB in Washington D.C. That appeal was settled in May, 2000.
www.yale.edu /gaso/NLRB.html   (1894 words)

  
 The Seattle Times: Local News: NLRB rules for nurses in dispute with hospital
NLRB rules for nurses in dispute with hospital
The complaint filed Friday is the latest chapter in a long dispute between the hospital, its 600-plus nurses and their union, the Washington State Nurses Association.
The NLRB said the mask requirement has to be bargained with the union because it's a condition of employment.
seattletimes.nwsource.com /html/localnews/2002965976_masks02m.html   (272 words)

  
 National Labor Relations Board - Wikipedia, the free encyclopedia
The National Labor Relations Board (or NLRB) is an independent agency of the United States Government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices.
It is governed by a five-person board and a General Counsel, all of whom are appointed by the President.
The NLRB was established in 1935 through passage of the National Labor Relations Act (better known as the Wagner Act), which was amended by the Taft-Hartley Act in 1947.
en.wikipedia.org /wiki/NLRB   (396 words)

  
 NLRB Changes Its Mind About Non-Union Weingarten Rights - Employment Law
In June of 2004, the National Labor Relations Board (NLRB) overruled its decision in Epilepsy Foundation of Northeast Ohio, 331 NLRB 676 (2000) and held that employees not represented by a union are not entitled to the presence of a coworker during investigative meetings/interviews which the employee reasonably believes might result in disciplinary action.
The employer, however, claimed he was fired for refusing to participate in the investigation once his request had been denied and for other unacceptable conduct.
The NLRB stated that the lawfulness of the employee’s discharge was dependant on whether the employee had been discharged for his refusal to participate in the investigation or whether he had been discharged for requesting the presence of a co-worker during the investigative meeting/interview and remanded it for a decision on that issue.
www.gcglaw.com /resources/employment/nlrb.html   (530 words)

  
 UAW February JPE- NLRB Web Page
The National Labor Relations Board (NLRB) homepage, www.nlrb.gov, offers a variety of resources to assist union activists and workers in enforcing their rights in the workplace.
The NLRB web site also contains several publications that can be downloaded, including a basic guide to the National Labor Relations Act (NLRA), the text of the NLRA, a history of the NLRB, and several guides and manuals about representation cases and unfair labor practices.
The NLRB was created in 1935 to enforce the National Labor Relations Act (NLRA), the law governing relations between unions and employers.
www.uaw.org /publications/jobs_pay/01/0201/jpe11.html   (967 words)

  
 Page Not Found
NLRB Law Memo: free weekly summaries of NLRB decisions.
NLRB overrules Springs Industries; Threats of plant closure will not be presumed disseminated
NLRB overrules M.B. Sturgis; Temporary employees are excluded from unit of permanent employees unless all parties consent
www.lawmemo.com /emp/nlrb/default.htm   (729 words)

  
 AFL-CIO Weblog | Here’s What NLRB ‘Elections’ Really Mean
The NLRB process takes so long, is so tilted in favor of employers and has such weak remedies it actually encourages managers to harass, intimidate and even fire employees.
In the early days of the NLRB, created in the 1930s, workers joined unions by signing cards indicating their desire to be represented by a union.
Workers in NLRB elections were twice as likely (46 percent compared with 23 percent) as those in card-check campaigns to report that management coerced them to oppose the union.
blog.aflcio.org /?p=288   (491 words)

  
 NLRB Update
NLRB Memorandum on Case Handling Instructions for Cases Concerning Bill Johnson's Restaurants and BE&K Construction Co.
NLRB and the Supreme Court's recent decision in BE & K Construction Company v.
NLRB revised its rule regarding the filing for a “motion for summary judgment” in cases involving a respondent’s failure to file an answer.
www.abc.org /wmspage.cfm?parm1=2346   (452 words)

  
 NLRB Must Reverse Clinton-Era Rulings by Stefan Gleason   (Site not responding. Last check: 2007-10-11)
In the late 1990s, the Clinton-majority NLRB aggressively rewrote large parts of federal labor law, overturning more than 50 long-standing NLRB precedents.
These rulings strengthened union coercive power over employers and employees, entrenched unions in workplaces that did not enjoy the support of a majority of employees, undercut the secret ballot election process, expanded the kinds of jobs that can be unionized under federal law and let unions misuse compulsory union dues for politics.
A Clinton-appointed majority on the NLRB overturned settled law at an unprecedented rate.
www.humanevents.com /article.php?id=13185   (649 words)

  
 NLRB Memo 11/12/1999
NLRB - Staff summarized 4 decisions for the period ending 11/02/1999.
NLRB - Staff summarized 5 decisions for the period ending 10/28/1999.
NLRB - Staff summarized 6 decisions for the period ending 09/30/1999.
mars.wnec.edu /~achelte/nlrbmemo.htm   (11308 words)

  
 NLRB Stacked Against Workers
Labor observers are particularly appalled at the newly activist nature of the NLRB, which recently joined in the fight to strike down a California law preventing employers from using tax dollars for anti-union campaigns.
The NLRB rarely intervenes in cases that do not address its own decisions.
Union members have cause for concern that the NLRB may revisit decisions made under earlier administrations on such vital subjects as representation of nonunion workers, the status of temporary workers and so-called "paycheck-protection" issues.
www.ibew.org /articles/03daily/0308/030808_nlrb.htm   (230 words)

  
 American Rights at Work: July 2005 Case   (Site not responding. Last check: 2007-10-11)
NLRB Green Lights Ban on Off-Duty Fraternizing Among Co-Workers
On June 7, 2005, the Board ruled 2 to 1 that Guardsmark's fraternization rule was lawful.
While there are reasons for employers to ban dating among co-workers (namely to prevent sexual harassment), prohibiting off-duty fraternization is something quite different.  Such a ban inevitably chills collective action of any sort—be it on a purely social basis or related to employees discussing whether to form a union or not. 
www.americanrightsatwork.org /workersrights/eye7_2005.cfm   (263 words)

  
 NLRB Press Release/R-2554/Feb. 3, 2005
The Office of the General Counsel routinely releases to the public Advice Memos in cases where the Division of Advice concludes that the charge should be dismissed, and those where the Division authorized issuance of complaint but the case has closed and the case is not related to any open case.
Among the Agency’s research tools already available is CiteNet, a searchable database containing the Classified Index of NLRB Board Decisions and Related Court Decisions, which allows the public to find a synopsis ("digest" or "scope note") of relevant issues found in Board and selected court decisions since February 1, 1992 (Board volume 306 to present).
The NLRB classification system is a detailed key number system for issues in Board decisions.
www.bna.com /bnabooks/ababna/pnpnlra/2005/nlrbpress.htm   (466 words)

  
 Cornell News: Cornell responds to NLRB request
Opperman observed that, since the initial hearing before a regional hearing examiner of the NLRB held in Ithaca on May 29, the university has been actively engaged in attempting to determine which individuals have been included in the proposed bargaining unit in the petition filed May 13 by the Cornell Association of Student Employees CASE/UAW.
The inclusion of undergraduate students in the proposed unit has substantially complicated the data-gathering activity, since the university has no centralized record-keeping of undergraduates serving in the job titles identified by the union: teaching assistant, research assistant, tutors, graders, readers and consultants.
Given the nature of the appeals that are pending before the NLRB in the Columbia and Brown University cases, the NLRB's rulings in these cases may well result in the avoidance of substantial unnecessary expenditures of time and energy, no matter which side prevails," she said.
www.news.cornell.edu /releases/June02/NLRB.opperman.hnd.html   (809 words)

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