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Thomas M. LucasBlog Posts

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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

NLRB: Confidentiality, Cell Phone, Electronic Communications Policies Lawful under NLRB’s Work Rules Decisions

Applying its decisions in Boeing Co. (365 NLRB No. 154) and Caesars Entertainment Corp. (368 NLRB No. 143), the National Labor Relations Board (NLRB) has overturned an Administrative Law Judge’s (ALJ) finding that an employer unlawfully maintained overbroad Confidential Information, Electronic Communications, and Cell Phone Policies, and unlawfully terminated its employee for violation of the... Continue Reading
March 1, 2020

Federal Court Washes Away New York City’s Pro-Union Ordinance

A New York City ordinance requiring car wash companies to post a higher surety bond if they do not sign a union bargaining agreement covering their employees is invalid because it unlawfully favors unionization, and therefore runs afoul of the National Labor Relations Act, a federal district court judge has ruled on May 26, 2017. … Continue Reading The post Federal Court Washes Away New York City’s Pro-Union Ordinance appeared first on Labor & Collective Bargaining.
June 16, 2017

Workplace Dress Codes – Auto Dealer Can’t Bar Workers from Wearing Message Pins, Court Affirms NLRB

A divided panel of the U.S. Court of Appeals for the First Circuit has upheld a National Labor Relations Board decision that a Massachusetts automobile dealer’s policy banning the wearing of “message pins” violated union insignia protections under the National Labor Relations Act. Boch Imports, Inc., d/b/a Boch Honda v. NLRB, Nos. 15-1653, 15-1721 (1st … Continue Reading The post Workplace Dress Codes – Auto Dealer Can’t Bar Workers from Wearing Message Pins, Court Affirms NLRB appeared first on Labor & Collective Bargaining.
July 7, 2016

NLRB Drops 30-Year Precedent on Employers’ Right to Unilaterally Oust Unions Representing ‘Mixed-Guard’ Units

A divided National Labor Relations Board has overturned its 30-year-old rule that an employer may withdraw recognition, even without a showing of a loss of majority status, from a voluntarily-recognized union that represents both guards and non-guards (“mixed-guard union”) with respect to a unit of guards. Adopting a new rule proposed by the NLRB General … Continue Reading The post NLRB Drops 30-Year Precedent on Employers’ Right to Unilaterally Oust Unions Representing ‘Mixed-Guard’ Units appeared first on Labor & Collective Bargaining.
June 24, 2016

Another Court of Appeals Upholds NLRB’s ‘Micro-Unit’ Policy for Union Elections

The Fifth Circuit Court of Appeals, in New Orleans, is the latest circuit court to uphold the National Labor Relations Board’s restrictive “micro-unit” approach to voting units in NLRB elections adopted in Specialty Healthcare, 357 NLRB No. 83 (2011). Macy’s Inc. v. NLRB, No. 15-60022 (5th Cir. June 2, 2016). In Specialty Healthcare, the NLRB … Continue Reading The post Another Court of Appeals Upholds NLRB’s ‘Micro-Unit’ Policy for Union Elections appeared first on Labor & Collective Bargaining.
June 20, 2016

NLRB Poised to Change Rule for Unionizing Temporary Workers

Setting the stage for another likely change in Board law, the NLRB has granted review over a Regional Director’s dismissal of an election petition, where the Union sought to represent in the same bargaining unit a contractor’s own employees and temporary employees provided to the contractor by a staffing company.     In its May 18, 2015, … Continue reading NLRB Poised to Change Rule for Unionizing Temporary Workers
June 3, 2015

NLRB Finds Union Improperly Interfered with Decertification Election

A union “interfere(d) with employee free choice” during the run-up to an NLRB election to decertify the union by seeking the discharge of the decertification Petitioner for alleged non-payment of dues and fees to the union, the National Labor Relations Board has held in an unpublished opinion. Bio-Medical Applications of New Jersey, Inc., Case 22-RD-114233 … Continue reading NLRB Finds Union Improperly Interfered with Decertification Election
May 15, 2015

OSHA and NLRB Update Referral Agreement

OSHA and the NLRB have announced implementation of a joint referral agreement to redirect to the Labor Board OSHA complainants whose claims of discrimination under the OSH Act are time barred, but may form the basis of timely unfair labor practice charges under the NLRA.  The accord was disclosed by NLRB Associate General Counsel Purcell … Continue reading OSHA and NLRB Update Referral Agreement
June 3, 2014