Since the National Labor Relations Board’s decision in Specialty Healthcare was issued in 2011, it has been easier for unions to win representation elections. The Board’s recent decision in Fraser Engineering Company, 359...more
Does an employer have a duty to bargain with a union, prior to the finalization of a first collective bargaining agreement, before imposing discretionary discipline on an employee? According to the National Labor Relations...more
From June through September, 2012, we were aware of 15 petitions which went all the way to an election. Unions were victorious in only five of them. ...more
In This Issue: - NLRB Continues To Set Sights On Healthcare Employers By Jim Kurek (Cleveland): The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare...more
The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more
The Gissel Doctrine - It is well-established, under federal labor law, that the National Labor Relations Board (NLRB) may order an employer to recognize and bargain with a labor union, as the exclusive representative...more
On September 5, 2012, in NLRB v. State of Arizona and Save Our Secret Ballot, Judge Frederick J. Martone of the U.S. District Court for the District of Arizona rejected the federal preemption challenge by the National Labor...more
After winning 73% of elections in healthcare units in 2011, unions seeking to organize more healthcare workers are preparing to exploit opportunities arising from significant new rule changes and recent decisions by the...more
In This Issue: - Unions Poised to Exploit Changes in NLRB Rules By A. Kevin Troutman (Houston) After winning 73% of elections in healthcare units in 2011, unions seeking to organize more healthcare workers are...more
By all accounts, 2011 was a busy year for the National Labor Relations Board (“Board”). In 2011, the Board saw a 17 percent increase in filings as compared to the prior year, which included both unfair labor practice charges...more
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