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California Hospital Ordered to Pay Union's Negotiating Costs

In a decision highlighting the importance of bargaining in good faith, the National Labor Relations Board recently held that a California Hospital must reimburse the union’s negotiating costs as a remedy for the hospital’s post-election misconduct.  NLRB Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Harry I. Johnson adopted and expanded the Administrative Law Judge’s (ALJ) decision holding that Hospital of Barstow, Inc. violated the National Labor Relations Act by making unilateral changes to nurse training requirements and by setting preconditions to...

Senate Considers Nomination of Sharon Block to the NLRB

A day after the Senate returned from its summer recess, the Committee on Health, Education, Labor and Pensions held a hearing to discuss the nomination of former recess appointee Sharon Block to be a member of the National Labor Relations Board. President Obama announced his intent to re-nominate Block to the Board on July 10, 2014. Block previously served as a member of the Board from January 2012 – when the President seated her and two other members via recess appointment – until the summer of 2013, when her nomination was withdrawn as part of a Senate deal to allow votes on the...

Unions Encourage Other Industry Sectors to Join Massive Fast Food Protest

As expected, individuals in several U.S. cities have taken to the streets to engage in protests and other acts of civil disobedience in an effort to push for a $15/hour minimum wage for fast food workers and to promote unionization. Organized by the "Fight for 15" movement and supported by the SEIU, the coordinated protests have reportedly resulted in multiple arrests and considerable business disruption.  More significantly, there are indications these protests might expand to other industries. Continue reading this entry at Littler's Workplace Policy Update.

Fast Food Workers Plan Another Round of Coordinated Protests this Week

Employers at fast food chains around the nation should brace themselves for a series of protests and acts of civil disobedience that will occur this Thursday, September 4.  The strikes, organized by members of the "Fight for 15" movement, are part of the nationwide crusade to raise the minimum wage. The Fight for 15 organization carried out a similar campaign to raise wages last spring. There are few details on the nature of the protests that will reportedly occur in as many as 150 cities across the country. Continue reading this entry at Littler's Workplace Policy...

NLRB Addresses the Collective "We"

In applying a standard Wright Line analysis of whether employee activity constitutes conduct protected by Section 7 of the NLRA, the Board, in Hitachi Capital America Corp. and Virginia Kish, 361 NLRB No. 19 (2014), has taken one of its factors to a new level.  An employee was discharged for the tone of her e-mails to supervisors, which the employer concluded violated a rule prohibiting “inappropriate behavior” in the workplace.  In finding the employee was instead discharged for her protected concerted activity, the Board demonstrated that it expects employers to...

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Format: 2014-09-19
Format: 2014-09-19