David P. Phippen

David P. Phippen

Constangy, Brooks, Smith & Prophete, LLP

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UAW Gets Vote On “Micro-Unit” At VW-Chattanooga

The National Labor Relations Board granted yesterday the United Auto Workers’ petition for a union election at the Volkswagen facility in Chattanooga, Tennessee. The election will be in a “micro-unit” of skilled tradesmen at...more

11/20/2015 - NLRB Union Elections United Auto Workers Volkswagen

Executive Labor Summary - September / October 2015

Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more

10/29/2015 - Airlines Auto Manufacturers Bargaining Units Browning-Ferris Industries of California Inc. Casinos Commercial Bankruptcy Donald Trump Employer Liability Issues Fiat Hiring & Firing Hospitals Injunctive Relief Joint Employers NLRA NLRB Preemption Teamsters Union Dues Union Elections United Auto Workers Volkswagen

NLRB Begins Accepting "Electronic Signatures" for Election Petitions

On September 1, 2015, the National Labor Relations Board General Counsel, Richard F. Griffin, Jr., issued Memorandum GC 15-08, "Guidance Memorandum on Electronic Signatures to Support a Showing of Interest." In the...more

9/15/2015 - Ambush Election Rules E-Signatures NLRB NLRB General Counsel Union Elections

NLRB Changes Joint Employment Standard, with Far-Reaching Implications for Employers

Last week, the National Labor Relations Board issued its long-awaited ruling in Browning-Ferris Industries and, as expected, changed the standard for determining joint-employer status. If the decision stands, it will...more

8/31/2015 - Control Test Joint Employers NLRA NLRB

Executive Labor Summary - July / August 2015

Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more

8/28/2015 - Administrative Procedure Act Barack Obama Collective Bargaining College Athletes Confidential Witnesses Fifth Amendment First Amendment FLSA Football Internal Investigations Joint Employers NLRA NLRB Northwestern University Pending Legislation Political Debates Protected Concerted Activity Protests Quickie Election Rules Unions Vacancies Act Witness Statements

Executive Labor Summary - June / July 2015

What are the labor implications of Supreme Court’s decision in King v. Burwell? - On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more

6/30/2015 - Affordable Care Act Ambush Election Rules Appeals Canning v NLRB Health Insurance Health Insurance Exchanges Individual Mandate Joint Employers King v Burwell NLRB Recess Appointments SCOTUS State Health Insurance Exchanges Subsidies Tax Credits Unions

Executive Labor Summary - April/May 2015

NLRB “quickie election” rule takes effect - On April 6, President Obama vetoed a joint resolution of Congress that sought to block the “quickie election” rule issued by the National Labor Relations Board....more

4/29/2015 - Ambush Election Rules Confidentiality Agreements Cyber Attacks Joint Employers KBR (formerly Kellogg Brown & Root) NLRA NLRB Presidential Veto SEC Unions Wal-Mart

NLRB General Counsel’s report on employee handbook rules provides some guidance . . . but employers may not like it

As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the...more

3/26/2015 - Employee Handbooks Final Guidance NLRA NLRB

D.C. Wage Theft Prevention Act Goes Live

On February 26, the District of Columbia’s new Wage Theft law became effective after a period for review by the U.S. Congress expired without any action being taken....more

3/12/2015 - Employer Liability Issues Employer Mandates Notice Requirements Recordkeeping Requirements Statute of Limitations Wage Theft Prevention Act Wage Theft Prevention Amendment Act Of 2014

Executive Labor Summary - February / March 2015

Massive labor disputes on two of three U.S. coasts - Large scale industry-wide labor disputes were in the news daily in early 2015. A West Coast port labor dispute between the International Longshore and Warehouse Union and...more

3/4/2015 - Asia Pacific Auto Manufacturers Labor Disputes NLRB Teamsters Trade Relations UAW Unions Volkswagen

NLRB Issues Final Rule On "Quickie Elections": What Employers Can Expect, and How to Prepare

As we alerted you last week, on Monday the National Labor Relations Board published its long-awaited final rule on so-called "quickie" or "ambush" elections. The final rule is similar, but not identical, to a prior Board...more

12/19/2014 - Ambush Election Rules Corporate Counsel Final Rules NLRB Union Elections Unions

NLRB Opens Employer Email for Union Organizing

The National Labor Relations Board decided 3-2 last week that employees covered by the National Labor Relations Act are presumptively entitled to access an employer's email systems for communicating under Section 7 of the...more

12/15/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

Security Check-Out is Not "Compensable" Work Time, Supreme Court Says

Last week, the U.S. Supreme Court handed a big win to contractors for Amazon.com. The Court unanimously held that time spent by employees in security screenings when exiting from warehouses after their work shifts did not...more

12/15/2014 - Amazon FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

Volkswagen Adopts "European-Style" Labor Engagement Policy for Chattanooga . . . But Will It Stall?

Last week, Volkswagen Group of America announced a "Community Organization Engagement" policy that will allow labor organizations to engage in what the company calls "constructive dialogue" with the company and employees at...more

11/18/2014 - Auto Manufacturers Automotive Industry Bargaining Units NLRA NLRB Popular UAW Union Membership Unions Volkswagen

Executive Labor Summary Executive Labor Summary - September/October 2014

Ebola crisis: the next big organizing issue? - Labor relations are already being affected by the Ebola crisis in the United States. On October 8 and 9, at LaGuardia Airport in New York, approximately 75 non-union...more

10/29/2014 - Airlines Ebola Employee Rights NLRA NLRB Unions

Executive Labor Summary - July/August 2014

NLRB extends Weingarten right of union representation to drug and alcohol test situations - On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented...more

8/28/2014 - Bargaining Units Civil Rights Act Drug Testing Employee Rights Macy's NLRA NLRB Title VII Unions Weingarten Rights

Supreme Court Finds No "Recess" Existed for Obama's NLRB Appointments in 2012

The U.S. Supreme Court unanimously ruled yesterday that President Obama's three "recess appointments" to the National Labor Relations Board made on January 4, 2012, were invalid because they were not in accord with the Recess...more

6/27/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

NLRB Overturns Longstanding Precedent and Rules That a Dues Check Off Provision Survives Contract Expiration

Overruling approximately 50 years of its own precedent, the National Labor Relations Board has decided that a union dues check off provision in a collective bargaining agreement will survive expiration of the agreement. The...more

12/21/2012 - Collective Bargaining Dues Checkoff NLRB Union Dues Unions

"Blue" Michigan Enacts Right-To-Work Law, and Unions are Seeing Red

Yesterday, amid massive protests in Lansing, Michigan became the 24th right-to-work state. Republican Governor Rick Snyder signed two1right-to-work bills into law, continuing a trend that began earlier this year with Indiana....more

12/13/2012 - NLRA Right to Work Unions

Have Employees In California? Be Sure You Know The New Rules On Personnel File Requests, Effective 1/1/13

California rings in the new year with a change in law for employers dealing with requests for personnel files from employees and former employees. Under current law, employers generally must give employees (and apparently...more

12/13/2012 - Personnel Records

Supreme Court Backs Arbitration Again - In Non-Compete Case

Once again, the U.S. Supreme Court has given expression to the strong federal policy favoring arbitration. The Court found last week that, because an arbitration clause in an employment agreement was valid, the Federal...more

12/10/2012 - Arbitration Federal Arbitration Act Nitro-Lift Technologies Non-Compete Agreements SCOTUS

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