The NLRB was issued a stunning rebuke yesterday by U.S. District Court Judge James Boasberg (an Obama appointee) when he ruled that the NLRB’s controversial union election rule changes were invalid because they were enacted without the required three-member quorum. The NLRB may appeal Judge Boasberg’s decision. However, at least for the present, the Court’s
NLRB Activism Continues To Gain Steam
While the NLRB Posting Rule which is scheduled to become effective April 30, 2012 has rightly received much attention from concerned employers and employer advocacy groups, it isn’t the only thing non-union businesses should be concerned about in the coming weeks.
Continue Reading NLRB Activism Continues To Gain Steam
Obama Administration Issues Two Proposed Regulations Designed to Promote Pro-Union Agenda
It’s only Wednesday and already this is proving to be a potentially huge week for organized labor. In moves long sought by organized labor and opposed by business groups, the Obama Administration issued two proposed federal regulations this week that could significantly impact union elections.
Continue Reading Obama Administration Issues Two Proposed Regulations Designed to Promote Pro-Union Agenda
President Obama Bypasses Senate and Appoints Democrats Becker and Pearce to Serve on the NLRB
In a much anticipated and controversial move, President Obama announced on March 27, 2010 that he will appoint Democrats Craig Becker and Mark Pearce as members of the National Labor Relations Board (“NLRB”).
Continue Reading President Obama Bypasses Senate and Appoints Democrats Becker and Pearce to Serve on the NLRB
Ohio WARN Legislation Proposed
Ohio employers will want to pay close attention to H.B. 434, which was proposed by House Representative Kenny Yuko, D-Richmond Heights, last week. The Bill is similar in nature to the Worker Adjustment and Retraining Notification Act ( “WARN”), but goes further than the federal law in several respects.
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Reminder to Unionized Businesses: You May Have a Duty to Bargain With Union Over Layoff Decisions
The recent decision by the United States Court of Appeals for the First Circuit in Pan American Grain Co. v. NLRB serves as a good reminder for unionized businesses contemplating layoffs: They may be obligated to bargain with the union that represents their employees not only over the effects of the layoff on employees but, possibly, the decision itself.
Continue Reading Reminder to Unionized Businesses: You May Have a Duty to Bargain With Union Over Layoff Decisions
Strickland Urging Compromise to Ohio Healthy Families Act Ballot Initiative Before September 5
The Columbus Dispatch reported this afternoon that the Strickland administration is sending letters to about 500 business leaders in a final attempt to reach a compromise that would keep the Ohio Healthy Families Act off the Nov. 4 ballot.
In the letter, Gov. Ted Strickland and Lt. Gov. Lee Fisher urge the business community
Tough Times, Tough Decisions for Ohio Employers
Unfortunately, my law partner Mike Underwood was correct when he predicted in his February 1, 2008 post “Building a Model for a Defensible Reduction-in-Force,” that economic challenges in the current economy may result in more reductions in force. The Federal Bureau of Labor Statistics report for May showed 67 dismissals of groups of 50 or more employees in Ohio. This figure was nearly double the amount of such terminations in May ’07, when the Bureau reported 34 dismissals of 50 or more. Overall, Ohio unemployment claims have more than doubled to 7,621 from 3,350 a year ago, earning Ohio the dubious ranking of having among the top 10 highest volumes of claims in the United States.
Mike’s February post described some key steps to keep in mind when faced with downsizing decisions. Here are few more:
Continue Reading Tough Times, Tough Decisions for Ohio Employers
FMLA Update – Are You Posted?
Many employers may feel they are currently in a state of limbo with respect to their FMLA policies and obligations. As we reported on our Blog in January, the FMLA was amended on January 28, 2008 to include “any qualifying exigency” arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty in the military or has been notified of an impending call to active duty status as an additionally qualifying reason for up to 12 weeks of leave. The amendment also created a new leave entitlement of up to 26 weeks of leave for an employee who is the spouse, son, daughter, parent or next of kin of a servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty.
NLRB-Conducted Elections Will Be More Patriotic
The National Labor Relations Board (“NLRB”) modified its election procedures earlier this month to incorporate the display of an American flag at all Agency-conducted elections. According to the NLRB’s announcement of the new protocol, the display of the national flag “will impress upon all of the participants to elections – employers, unions, and, most importantly, voters