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Howard M. BloomBlog Posts

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Supreme Court Rules Home Health Care Workers in Illinois Not Required to Pay Nonmember Union Fees

In a significant blow to efforts to unionize health care workers who are privately employed by the aged, ill and/or frail in their homes, the U.S. Supreme Court has struck down an Illinois statute requiring these home-based personal care providers to financially support a union that has a collective bargaining agreement with the State on … Continue reading Supreme Court Rules Home Health Care Workers in Illinois Not Required to Pay Nonmember Union Fees
June 30, 2014

U.S. Supreme Court Upholds D.C. Circuit Decision in Noel Canning Invalidating NLRB Recess Appointments

In a lengthy opinion authored by Justice Stephen Breyer, and drawing heavily on historical practice of Presidents and the Senate, the United States Supreme Court has upheld the decision of the U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, concluding that President Obama’s three recess appointments to the National Labor … Continue reading U.S. Supreme Court Upholds D.C. Circuit Decision in Noel Canning Invalidating NLRB Recess Appointments
June 26, 2014

Appearing in an NLRB Notice Near You, QR Code to Board Decision

Fashioning itself another tool in its quest to educate the public about the National Labor Relations Act and the National Labor Relations Board, the NLRB has adopted a union’s request that a violation of the Act requires employers to inform employees that the Board’s decision and order is available on the agency’s website.  Durham Schools … Continue reading Appearing in an NLRB Notice Near You, QR Code to Board Decision
May 20, 2014

Northwestern University Election Takes Place Tomorrow: No Matter the Outcome, Effects of RD’s Decision on Players’ Status as Employees Likely to be Far-Reaching

The long-awaited Labor Board election in which scholarship football players at Northwestern University will decide on union representation is scheduled for tomorrow.  If some published reports are accurate, a majority of those players who vote will vote “no” – against union representation.  However, because of the pendency of Northwestern’s appeal of the Regional Director’s March … Continue reading Northwestern University Election Takes Place Tomorrow: No Matter the Outcome, Effects of RD’s Decision on Players’ Status as Employees Likely to be Far-Reaching
April 24, 2014

Employer Must Bargain with Union over Requirement to Sign Interview Notes

The NLRB has found an employer’s unilateral implementation of a requirement that employees represented by a union sign the notes taken by a management representative during an investigative  interview attesting to their  veracity violates the National Labor Relations Act.  Murtis Taylor Human Services Systems, 360 NLRB No. 66 (2014).  The new signature requirement was a … Continue reading Employer Must Bargain with Union over Requirement to Sign Interview Notes
April 24, 2014

NLRB GC Memo Sheds Light on 2013 and the Future

National Labor Relations Board General Counsel Richard Griffin’s 18-page General Counsel Memorandum (GC 14-02), “Report on the Midwinter Meeting of the ABA Practice and Procedure Committee of the Labor and Employment Law Section,” issued March 26, 2014, covers a wide-range of topics, including unfair labor practice statistics and Agency plans for guidance memoranda regarding employer … Continue reading NLRB GC Memo Sheds Light on 2013 and the Future
April 9, 2014

AFL-CIO Membership Stats Mostly Flat or Declining

The AFL-CIO’s membership numbers were stagnant in 2013, despite the fact the union added more than one million members.  According to a “Membership Report” prepared by AFL-CIO, almost all of that increase was attributable to the 2013 re-affiliation of the United Food and Commercial Workers Union with the AFL-CIO.  [The UFCW left the AFL-CIO in … Continue reading AFL-CIO Membership Stats Mostly Flat or Declining
April 9, 2014

Northwestern Scholarship Football Players Found to be Employees Eligible for Union Representation

In a decision that has wide-ranging implications for college and university athletics programs, the Regional Director for Region 13 of the National Labor Relations Board has found that scholarship football players at Northwestern University are “employees” within the meaning of the National Labor Relations Act and eligible for union representation. The Regional Director found appropriate … Continue reading Northwestern Scholarship Football Players Found to be Employees Eligible for Union Representation
March 27, 2014

DOL Persuader Rule Undermines Attorney-Client Privilege, AGs Say

Fourteen state attorneys general have written to Secretary of Labor Thomas Perez complaining that the  Department of Labor’s proposed “persuader” rule would undermine attorney-client privilege and have requested the rule “be withdrawn as drafted.” The Labor-Management Reporting and Disclosure Act (LMRDA) requires reporting to the DOL of “[a]ny agreement or arrangement with a labor relations … Continue reading DOL Persuader Rule Undermines Attorney-Client Privilege, AGs Say
March 25, 2014

NLRB Gets Increase In Proposed Budget

President Obama has requested a funding increase for the National Labor Relations Board of 1.3% over existing levels in his just-released proposed budget for fiscal year 2015. The proposed budget assumes more than 1,000 more unfair labor practice cases and 140 representation cases will be filed in the next fiscal year than were filed in … Continue reading NLRB Gets Increase In Proposed Budget
March 5, 2014

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