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Today’s News & Commentary — September 9, 2021

Today’s News & Commentary — September 9, 2021

Uber and Lyft have continued their national push to cement the status of their drivers as independent contractors rather than employees. In conjunction with Postmates and Instacart, the companies previously spent $205 million in California to successfully support an initiative to make those gig workers into contractors with some benefits. Now, they have moved their […]

Understanding the New NLRB General Counsel Memo on Remedies

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Understanding the New NLRB General Counsel Memo on Remedies

Today, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, released a highly relevant and impactful memo on the office’s intent to seek a rather stunning new array of remedies in unfair labor practice cases. As I wrote about the last GC memo, if the Board does a fraction of the things Abruzzo calls for […]

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Today’s News & Commentary — August 27, 2021

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Today’s News & Commentary — August 27, 2021

The NLRB issued an opinion on Wednesday charging an aluminum manufacturing company with Section 7 violations after firing an employee who wrote “whore board” at the top of an overtime sign-up sheet. The employee was protesting the aluminum company’s unilateral imposition of new overtime procedures, under which employees needed to sign-up for overtime on a […]

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Ridgewood Decision – In Case You Forgot How Anti-Union Trump’s Judges Are

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Ridgewood Decision – In Case You Forgot How Anti-Union Trump’s Judges Are

In 2019, I wrote about how the NLRB’s decision in Ridgewood Health Care Centertook away one of the few effective remedies for employer misconduct.  This was a case where a new employer took over a business and refused to hire the predecessor’s employees to avoid a bargaining obligation with the workers’ union.  The old remedy […]

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Amazon Faces Wider Fight Over Labor Practices

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A second union vote may be held at an Alabama warehouse, and new tactics by the Teamsters and other groups aim to pressure Amazon across the country.

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Today’s News & Commentary — August 3, 2021

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Today’s News & Commentary — August 3, 2021

A National Labor Relations Board hearing officer has recommended that a new union election be granted at the Amazon warehouse in Bessemer, Alabama. The recommendation was issued due to alleged voter intimidation tactics used by Amazon, particularly its installation of a U.S. Postal Service mailbox in front of the warehouse that could have given the […]

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As Dems Mull Reconciliation, NLRA Civil Penalties Are Worth Fighting for

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As Dems Mull Reconciliation, NLRA Civil Penalties Are Worth Fighting for

Recently, Senate Democrats have begun discussing plans to enable the National Labor Relations Board (NLRB) to levy civil monetary penalties on employers who commit unfair labor practices (ULPs) as part of their broader reconciliation bill on infrastructure.  While specifics are so far lacking, the proposal is based on what House Democrats already put forward in […]

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Federal Judge Recognizes President’s Ability to Remove NLRB GC At Will

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Federal Judge Recognizes President’s Ability to Remove NLRB GC At Will

Hours into his administration, President Biden fired the National Labor Relation Board’s (NLRB) Trump-era general counsel (GC), Peter Robb.  Upon Robb’s termination, many Republicans clamored that Biden’s move was inappropriate, divisive, even illegal.  Many observers—including myself—were skeptical of that latter argument.  But over the past few months, corporations in pending litigation with the NLRB have […]

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