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Howard M. BloomBlog Posts

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NLRB Precedents under GC Focus

The National Labor Relations Board’s General Counsel appears intent on convincing the Board to change its precedent in at least two key areas.   According to the General Counsel’s February 25, 2014, Operations Management Memorandum, “Mandatory Submissions to Advice,” unfair labor practice charges involving the Board’s Register Guard decision and charges involving applicability of Weingarten principles … Continue reading NLRB Precedents under GC Focus
March 3, 2014

NLRB Sets Hearing, and Topics, for Representation Case Procedures

Having scheduled a public hearing (April 10 and 11, 2014) on its  resurrected proposal for  accelerated representation case procedures,    the National Labor Relations Board has published a list of “issues” it wants addressed at the hearing.  Many of these issues indicate the Board’s overhaul of its representation case procedures may be even more radical than … Continue reading NLRB Sets Hearing, and Topics, for Representation Case Procedures
March 1, 2014

2013 Union Membership Holds Steady as Private Sector Growth Offsets Public Sector Decline

The Bureau of Labor Statistics reports the nation’s overall union membership rate remained the same in 2013, at 11.3 percent of the labor force, but for the first time in five years, there are more union members in the private sector than in government. The public sector union membership rate fell to 35.3 percent from … Continue reading 2013 Union Membership Holds Steady as Private Sector Growth Offsets Public Sector Decline
January 28, 2014

National Labor Relations Board Pauses from Election Rules Amendments

The National Labor Relations Board has rescinded its “quickie election” amendments to the NLRB’s representation case procedures adopted in December of 2011. The Board’s action, announced on January 22, 2014, follows the 2012 decisions of the U.S. District Court for the District of Columbia in Chamber of Commerce, et al. v. NLRB.  The court decided … Continue reading National Labor Relations Board Pauses from Election Rules Amendments
January 24, 2014

NLRB Members Outline Plans for 2014

National Labor Relations Board Chairman Mark Gaston Pearce and Member Phillip Miscimarra predicted in an interview with Law 360 that the NLRB will be issuing a “significant” number of decisions in the coming year,   According to Miscimarra, “there’s a very significant number of cases that have been decided that are in [the] process” of being … Continue reading NLRB Members Outline Plans for 2014
January 23, 2014

Boeing Union Contract Ratified In Close Vote by Washington State Machinists

Thirty-one thousand members of District 751 of the International Association of Machinist and Aerospace Workers  voted narrowly on January 3 to accept a collective bargaining agreement (CBA) negotiated by their Union and Boeing Co. after having voted against the Company’s proposal two months earlier by a 2 to 1 margin.  At stake in the second vote, … Continue reading Boeing Union Contract Ratified In Close Vote by Washington State Machinists
January 15, 2014

NLRB Abandons Pursuit of Workplace Notice Posting Rule

The National Labor Relations Board’s controversial regulation requiring almost all private sector employers to post notices in the workplace informing employees of their rights under the National Labor Relations Act should no longer keep employers awake at night. According to an NLRB press release, the Board has decided not to seek Supreme Court review of … Continue reading NLRB Abandons Pursuit of Workplace Notice Posting Rule
January 6, 2014

U.S. Supreme Court Decides Not to Review Union-Neutrality Case After All

Declining to decide whether organized labor must abandon the neutrality agreement as an organizing tool, the U.S. Supreme Court has dismissed as “improvidently granted” a union petition for review in UNITE HERE Local 355 v. Mulhall et al., No. 12-99 (Dec. 10, 2013). The action came in a per curiam order only after the parties … Continue reading U.S. Supreme Court Decides Not to Review Union-Neutrality Case After All
December 16, 2013

Appeal of Decision Invalidating NLRB’s ‘Quickie Election’ Rule Withdrawn

The National Labor Relations Board, the United States Chamber of Commerce and the Coalition for a Democratic Workforce have stipulated to voluntarily dismiss the NLRB’s appeal to the United States Court of Appeals for the District of Columbia Circuit of a district court ruling invalidating the NLRB’s “quickie election rule.”  This paves the way for … Continue reading Appeal of Decision Invalidating NLRB’s ‘Quickie Election’ Rule Withdrawn
December 13, 2013

ALJ Finds No Protected Employee Right to Record Workplace Conversations

While employees making audio or video recordings of others in the workplace have long concerned employers, companies usually refrain from banning employee recording, uneasy about potentially infringing on employees’ rights to engage in protected concerted activity.  A recent case illustrates the analysis the National Labor Relations Board uses to scrutinize a workplace policy that restricts … Continue reading ALJ Finds No Protected Employee Right to Record Workplace Conversations
December 11, 2013

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