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Howard M. BloomBlog Posts

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Unions Must Publicly Report More Financial Information

Pursuant to a controversial new rule passed by the U.S. Department of Labor (DOL), “Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested,” unions must disclose how certain union-controlled trusts spend and invest their funds. The rule requires unions with revenue in excess of $250,000 to file annual reports (Form... Continue Reading
March 20, 2020

Virginia Opens Door to Collective Bargaining for Public Employees

The Virginia General Assembly has passed legislation that paves the way for Virginia counties, cities, and towns to adopt local ordinances or resolutions authorizing collective bargaining with labor unions on behalf of public officers and employees. The bill is awaiting Governor Ralph Northam’s signature. The Code of Virginia currently provides that no state, county, city,... Continue Reading
March 19, 2020

Union Membership Rates Continue to Decline

By almost every measure, union membership rates continued its steady decline in 2019, according to the latest statistics on unionization rates in the United States from the Bureau of Labor Statistics (BLS). The overall union membership rate in 2019 was 10.3%, down by 0.2% from 2018. The total number of unionized workers in 2019 was... Continue Reading
January 31, 2020

Unions Urge Board to Reconsider its Decision to Overrule Purple Communications on Ethics Grounds

Two unions are alleging a conflict of interest involving National Labor Relations Board (NLRB) Member William Emanuel should invalidate the NLRB’s recent decision in Caesars Entertainment Corp. d/b/a Rio All-Suites, 368 NLRB No. 143 (2019), in which the Board overruled Purple Communications, Inc., 361 NLRB 1050 (2014). Caesars Entertainment held that employees do not have... Continue Reading
January 22, 2020

House Passes Bill to Ratify USMCA and Promises Unprecedented Monitoring over Mexico’s Labor Reform

The U.S. House of Representatives has passed legislation to ratify the United States-Mexico-Canada Trade Agreement (USMCA) and create an unprecedented level of oversight over another country’s labor relations. If the bill becomes law, it could prompt even greater reforms to Mexico’s labor laws. For at least 50 years, a company in Mexico could recognize a... Continue Reading
December 20, 2019

NLRB: Investigation Confidentiality Rules Are Lawful

Overruling Banner Estrella Medical Center, 362 NLRB 1108 (2015), the National Labor Relations Board (NLRB) has held that investigative confi­dentiality rules are lawful Category 1 rules under The Boeing Company, 365 NLRB No. 154 (2017), where by their terms the rules apply for the duration of any investi­gation. Apogee Retail LLC d/b/a Unique Thrift Store,... Continue Reading
December 18, 2019

NLRB Overrules Purple Communications

Overruling Purple Communications, the National Labor Relations Board (NLRB) has held that employees do not have a right under the National Labor Relations Act (NLRA) to use employer equipment, including email and other IT systems, for Section 7 purposes. Caesars Entertainment d/b/a/ Rio All-Suites Hotel and Casino, 368 NLRB No. 143 (Dec. 17, 2019). The... Continue Reading
December 17, 2019

Bargaining Power Restored: NLRB Holds Dues Checkoff Ends at Contract Expiration

The National Labor Relations Board has held that an employer has no obligation to continue deducting union dues from employee paychecks pursuant to a dues checkoff provision in a collective bargaining agreement (CBA) after the CBA expires. Valley Hospital Medical Center, 368 NLRB No. 139 (Dec. 16, 2019). Chairman John Ring and Members William Emanuel... Continue Reading
December 17, 2019

NLRB: Employer’s Obligation to Deduct Union Dues Ends When CBA Ends

The National Labor Relations Board has held that an employer’s obligation to deduct union dues ends when the collective bargaining agreement containing the checkoff provision expires. Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center, 368 NLRB No. 139 (Dec. 16, 2019). The NLRB overruled Lincoln Lutheran of Racine, 362 NLRB 1655 (2015), in... Continue Reading
December 16, 2019

NLRB Announces Broad Modifications to 2014 ‘Quickie Election’ Rule

The NLRB has announced long-awaited major modifications to its controversial 2014 election rule. The draft rule will be published on December 18 and will go into effect 120 days after that, on April 16, 2020.  Critics of the so-called Quickie Election Rule are bound to view this as good news. The Board characterizes this draft... Continue Reading
December 13, 2019

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