Stayed

In a somewhat unusual move, the United States Court of Appeals for the Eighth Circuit has issued a temporary administrative stay of Judge Nelson's order enjoining the NFL owner's lockout. The stay is a procedural device to allow the court enough time to do a preliminary review a matter. Normally it is used for emergency situations like death row appeals. Many commentators expect a ruling next week.

Stay rejected

Judge Nelson rejected the NFL's request for a stay of her order ending the owner's lockout. The NFL now will try to expedite an appeal to the United States Court of Appeal for the Eighth Circuit.

Lockout enjoined

As we expected Federal Judge Susan Nelson has enjoined the owners lockout, citing irreparable harm not only to the players careers, but to non-parties like concessionaires and fans. WOW! And if the owners are waiting for the NLRB to declare the decertification of the union an illegal tactic, then they live in a fantasy world far less real than fantasy football. Moreover, Judge Nelson pretty well rejected the argument, which was a stretch from the beginning. Saints have posted the NFL's statement on the ruling here.

Public official's private e-mails exempt from Public Records Act

Louisiana Attorney General Buddy Caldwell has issued an opinion declaring personal e-mails written by public officials on government computers are exempt from disclosure under the public records law. This sounds like bad law protecting bad actors who lack the good sense not to use public property for private communications. Could this opinion undermine discipline of public officials who use public computers for personal matters? Perhaps so.

Healthcare organizing

National Nurses United claims a lopsided victory at a Florida Medical Center. The NLRB conducted representation election was won by the union 158-32. The bargaining unit contains about 250 registered nurses.

South Carolina 787 Washington 0, or will there be a forfeit?

Remember Boeing's move to set up a second 787 Dreamliner fabrication line in non-union South Carolina? Previous posts here. And all Boeing's talk about the unions running them out of Everett, Washington?  This from the NLRB:

NLRB Acting General Counsel Lafe Solomon today issued a complaint against the Boeing Company alleging that it violated federal labor law by deciding to transfer a second production line to a non-union facility in South Carolina for discriminatory reasons.  .  .  . 

To remedy the alleged unfair labor practices, the Acting General Counsel seeks an order that would require Boeing to maintain the second production line in Washington state. 

A trial before an administrative law judge is set for June 14. There are some very astute practitioners who sense this is another "great leap" from a pro-union NLRB, but I'm not so sure. This does not seem so much of a stretch given that Boeing initially announced the production would be in Everett, then switched it to South Carolina blaming the unions propensity to strike. A prima facie violation is made based upon the employer's statements. It is now incumbent on the employer to establish its move was based on legitimate motivation as in Dubuque Packing. Whether the Boeing case is momentous will depend on that proof, and the Board's evaluation of it.

Repeal the NLRA

Here is a young author that enthusiastically embraces repeal of the National Labor Relations Act and embracing strikes and boycotts to empower the masses.

Picture perfect

That pesky dispute over a mural depicting labor history in Maine has landed in federal court. Republican Governor Paul LePage had the mural removed because he viewed it one sided. The court arguments sound appropriate for a law school exam on First Amendment issues. The more difficult problem is the removal violated the terms of a federal grant that paid for the piece. The U.S. Department of labor wants its money back.

Healthcare bargaining unit rules

A former Chairman of the NLRB, Peter Schaumber (R), blogs about the procedural and substantive issues with the current Board reconsidering the rules governing appropriate bargaining units in nursing homes. Under consideration is a Board rule that would permit unions to organize sub-groups of nursing home employees, rather than have to attain majority status in larger units of most non-supervisory employees of a facility.  He is correct that proposed changes would seem to be contrary to the Congressional admonition to avoid a proliferation of such units, and equally correct that a change would favor union organizing. He's a tad over the top, however, in his criticism about changing settled precedent. The Republican dominated Board in 2007 alone overturned many longstanding rulings. The pending case on the issue is Specialty Healthcare and Rehabilitation Center of Mobile. The amicus briefs of the U. S. Chamber of Commerce are here.

Outsourced

The Wall Street Journal reports a remarkable shift in jobs occurred in the last decade. Multinationals cut

their work forces in the U.S. by 2.9 million during the 2000s while increasing employment overseas by 2.4 million, new data from the U.S. Commerce Department show. That's a big switch from the 1990s, when they added jobs everywhere: 4.4 million in the U.S. and 2.7 million abroad.

Thinkprogress has a distinctly sinister spin on the matter.

What do the kids know?

When it comes to unions, these Michigan high schoolers seem to have the same superficial knowledge and opinions most adults have.

Silence

Been absent lately due to trial and baseball, but mostly baseball. I am heavily involved in recreational baseball for kids. And this is the time of year when the teams are being formed for the coming season. Lots of work gathering coaches, selecting teams, editing rules and making schedules for the 1300 participant players. The bulk of that work is now done, so back to blogging.

When a man is required . . .

What happens when a transgendered employee is hired for a position requiring a male? Well, if you were born a female, in South Jersey, you get fired. And file suit.

Equal Pay Day

Today is Equal Pay Day. Wear red if you believe women are not paid fairly. Wear green if you are the reason why. Wear blue if you believe pay disparity is caused by global warming (hint: it isn't).

Mediate!

Over the NFL's objection Federal Judge Susan Nelson has sent the NFL and the players to mediation in front of a federal magistrate. The NFL urged mediation is inappropriate until the NLRB rules on the legality of the decertification of the union. I cannot believe the current NLRB will restrict the right of players to decertify their union. Nor can I believe the court will refuse to address the players anti-trust claims. The judge also issued a strong warning to both parties that litigating rather than mediating was very risky.

McJobs

McDonald's has announced it plans to hire an additional 50,000 employees. It also said it intended to gentrify the pejorative term "McJobs" making it mean something better than low wage no benefit work.

Starving the Beast

The NLRB's budget is in the cross hairs of congressional budget cutters, and In These Times (pro labor) predicts dire consequences.

Oopsie

It appears some votes were missing temporarily in that Wisconsin Supreme Court race, and now counted those votes favor the incumbent over the labor backed challenger. Several reports indicate the vote count as corrected, is correct.

Dead EFCA

American Spectator has a pretty good "obituary" for EFCA.

Wisconsin votes

It is fascinating to watch from a distance the politics of Wisconsin. So much now driven by the struggle between a Republican governor determined to reign in public sector unions and allies of labor. It has certainly made the 2010 political trend favoring Republicans short lived. The real question is the resurgence of support for labor evidenced in Wisconsin likely to play out on a national scale. More after the jump

Shining a light

The House Oversight and Government Reform Committee chaired by Representative Darrell Issa (R. CA) is conducting hearings on the adequacy of the tentative agreement between the Postal Service and the American Postal Workers Union (APWU). This is apparently the first time congress has ever conducted a hearing about a collective bargaining agreement. The rub is concern that the agreement does not do enough to curb labor costs at USPS which currently constitute 80% of the operating costs. By comparison United Parcel Services labor costs are 60% of operating expenses and at FedEx Corp its 43 percent.

Whack, yikes! whack!

Well, its not exactly employment law, but its posted on a great blog for employment lawyers, Adjunct Law Prof Blog, and in light of the controversy concerning corporal punishment meted out at St. Augustine High School, a link here is appropriate. It quotes from a New York Times Article which notes the U.S. Department of Education estimates 223,190 children were subjected to corporal punishment during the 2005-2006 school year, and that this is a 20% drop from a prior survey. The article points to the Center for Effective Discipline Site which lists the states which ban corporal punishment. Apparently its legal still in 20 states, including Louisiana.

Polls favor public sector unions

Another poll, this one from Gallup, indicates the public is less anti-labor than some Republican governors would like.

Unemployment drops in March

Unemployment in March fell to 8.8%, a two year low. The full Bureau of Labor Statistics report is here.