NLRB General Counsel Stakes Out an Aggressive Agenda

By Stephen R. McCutcheon, Jr., Attorney at Law The National Labor Relations Board has regional offices throughout the United States, with its headquarters in Washington, D.C.  Power is generally delegated to the regional offices which conduct elections, and investigate claims of unfair labor practices.  On February 25, 2014, NLRB General Counsel Richard Griffin issued a … More NLRB General Counsel Stakes Out an Aggressive Agenda

NLRB Continues to Challenge Class Action Waivers

By Stephen R. McCutcheon, Jr., Attorney at Law Now that the National Labor Relations Board (NLRB) has a quorum, it is pushing the boundaries of its powers under the National Labor Relations Act (NLRA).  It has reintroduced regulations to implement “quickie” or “ambush” elections, and the “persuader rule” to limit the right of employers to … More NLRB Continues to Challenge Class Action Waivers

“Changing Clothing” Can Include Protective Gear

U.S. Supreme Court Puts An Issue To Rest – “Changing Clothes” Can Include the Donning and Doffing of Protective Clothing By Stephen R. McCutcheon, Jr., Attorney at Law Last week the U.S. Supreme Court clarified something that non-lawyers would likely believe does not need Supreme Court intervention – the meaning of “changing clothes.”  But, the … More “Changing Clothing” Can Include Protective Gear

Supreme Court Dismisses Review of UNITE HERE v. Mulhall Regarding Employer Assistance of Organizing

By Stephen R. McCutcheon, Jr., Attorney at Law Campaigns to organize companies are often highly contentious and difficult, especially where the employer or employees oppose entry of the union.  In response, unions often use a top-down organizing model in which the union convinces the employer to agree to remain “neutral” in the election, and provide … More Supreme Court Dismisses Review of UNITE HERE v. Mulhall Regarding Employer Assistance of Organizing

NLRB Withdraws Appeal of Decision Striking Quickie Election Rule

By Stephen R. McCutcheon, Jr., Attorney at Law In 2011 the National Labor Relations Board adopted a controversial rule to fast-track union organizing elections.  The rule shortened the time between the filing of a representation petition and an election.  The shortened time span had potentially serious repercussions for the election process.  It would have severely … More NLRB Withdraws Appeal of Decision Striking Quickie Election Rule

Treasury rejects labor unions’ demand for modifications to Affordable Care Act

By Barbara Cotter, Attorney at Law Labor unions which once supported the Affordable Care Act now complain that it will irreparably harm their multi-employer health plans.  They have demanded regulatory action this year, before the new health insurance exchanges open for business. At issue are the health care subsidies available to those individuals who earn up … More Treasury rejects labor unions’ demand for modifications to Affordable Care Act

NLRB and U.S. Department of Justice Formalize Cooperation Regarding Immigration and NLRA Complaints

By Stephen R. McCutcheon, Jr., Attorney at Law For the past five years we have seen a growth in the interrelation and collaboration between state and federal agencies, and between agencies within the federal government.  For example, agencies such as the Department of Labor, OSHA, and IRS cooperate regarding investigations, and will make referrals of potential … More NLRB and U.S. Department of Justice Formalize Cooperation Regarding Immigration and NLRA Complaints

Withdrawal of Union Recognition Requires Caution

Employers Must Have Clear and Unequivocal Statements From Majority Of Employees Before Unilaterally Withdrawing From Their Union By Stephen R. McCutcheon, Jr., Attorney at Law and Meg E. Wilson, Attorney at Law What is the difference between an employee stating he or she wishes to “exit” or “resign” from the union, does not want to “be part … More Withdrawal of Union Recognition Requires Caution

U.S. Supreme Court Grants Review in National Labor Relations Board v. Noel Canning

U.S. Supreme Court to Rule Upon NLRB Recess Appointments By Stephen R. McCutcheon, Jr. The U.S. Supreme Court has granted review in National Labor Relations Board v. Noel Canning (docket 12-1281) to decide whether President Obama violated the constitution when he skipped the required consent of the Senate in making appointments to the National Labor Relations Board.  Article … More U.S. Supreme Court Grants Review in National Labor Relations Board v. Noel Canning