NLRB adopts some new election rules

By a 2 -1 vote the NLRB adopted new rules for the election process. This is a less than sweeping change, and only addresses a few issues set out in the previous post.

NLRB election revisions released

The NLRB is scheduled to vote today on a partial set of proposed revisions to the way in which the NLRB conducts representation elections which determine whether a union represents a majority of the employees in a unit appropriate for collective bargaining. The NLRB explanation of the proposal is here. The proposals under consideration today appear to be a modest, partial list. If passed the proposals will be drafted into final regulations. These proposals limits the issues which may be raised at the hearing and makes the right to brief the issues contingent upon the hearing officer determining briefing is necessary. Given the modest nature of these proposals, its unlikely Member Hayes will express his opposition in a dramatic way.

Hoops play in December?

It appears the owners and players have reached a tentative agreement which may have the NBA playing by Christmas.

Dysfunction at the NLRB

Steve Greenhouse, in the New York Times (registration required), has a good overview on the partisan infighting at the NLRB.  The 2 Democrats are pushing for an approval vote on new rules for conducting representation elections. Republican Member Hayes opposes the rules and claims he has been locked out of the process of formulating them. It is unclear whether Hayes has been excluded or has refused to participate. What is clear is Member Hayes could resign before the vote and deprive the two remaining Board Members from having the necessary 3 member quorum to conduct business. It is increasingly likely no new Board Members will be confirmed until after the 2012 elections. Member Becker's interim appointment expires when Congress adjourns at the end of the year. Republicans are already prepared to stay in session to prevent any recess appointments.

No MLB Strike

Owners and players representatives inked a 5 year collective bargaining agreement virtually assuring labor peace in the sport through 2016. The agreement still has to be ratified but faces no serious threat in that process.

Will Republicans shut down the NLRB?

We know after New Process Steel the NLRB has to have 3 members to have a quorum. We also know Member Becker's recess appointment expires when Congress adjourns at the end of the year. Unless there is a confirmation or another recess appointment the NLRB will only have 2 members when Becker's appointment expires. Now some Republicans are urging Member Hayes to resign before the Board can implement controversial changes to the election process used to determine whether workers can unionize their employer's workplace. I think it is very likely Congressional gridlock will prevent the NLRB from having a quorum until some point after the 2012 election.

Trumka and popular economics?

Esquire has a piece on "Man of the Year" Richard Trumka. The article contains a full serving of economic populism.

Union organizer pines for EFCA

This account of a California organizing attempt has not turned out well for one of the employees involved.

New election rules imminent?

The NLRB has issued a press release setting a November 30th vote on some portion of the new rules proposed for conducting NLRB elections. Is this a "ram through" of quickie elections before Member Becker's interim appointment expires? Maybe.

OWS messaging and labor

Steve Early's post at BeyondChron does a great job of explaining why the Occupy Wall Street message resonates and big labor's message about the middle class does not.

NLRB Poster about employee rights

Here is a lighthearted video on the NLRB's requirement employers post a notice advising employees of their rights under the National Labor Relations's Act.

The Twitter account

Who owns that Twitter account? There have been a number of posts, here, here and here concerning "ownership" of a departing employees Twitter account. Litigation was inevitable. For a discussion of the legal theories which survived a motion to dismiss go here.

NBA season jeopardized

NBA/NBPA talks are going badly. Players reject owners last offer, and the union plans a disclaimer of interest (not decertification). Point being the players want to play the antitrust card. One certainty among much uncertainty. Chances for any NBA season have diminished.

Survey says . . .

Cisco surveyed college students and recently employed college graduates about the importance of internet access, social media use and access to mobile devices at work. The results should give pause to employers considering drastic policies curtailing use. Bottom line finding is a company's policies may affect job choice even more than salary. The findings are astonishing.

• 68% of employees and 71% of college students believe corporate devices should be used for social media and personal use
• 80% of college students want to choose their device
• More than two of five would accept a lower-paying job that had more flexibility with regard to device choice, social media access, and mobility than a higher-paying job with less flexibility.
• 50% of college students say they would rather lose their wallet or purse than their smart phone or mobile device
• 7 out of 10 students believe being regularly in an office is necessary
• Many respondents cite a mobile device as “the most important technology” in their lives
• Seven of 10 employees have “friended” their managers and coworkers on Facebook
• Two of five students have not bought a physical book (except textbooks) in two years
• two-thirds would choose the internet over a car
• one in three say the internet is as important as food, water and air.

Rather than focusing on an employer's legal right to control employees, some employers may derive substantial benefits if company policies permit employees internet access, social media use and mobile device use at work.

Charlotte and the DNC

The 2012 Democratic Convention will be in Charlotte, NC, one of the least unionized states in the country. The Charlotte Observer has a piece on labor wanting a piece of the action.

Round 2

Despite the rebuke Ohio voters gave to Gov. Kasich's effort to restrict public sector collective bargaining, a conservative group with Tea Party roots has announced its intent to try to make Ohio a right to work state through a 2012 ballot initiative.

Preparation for 2 Member NLRB

The NLRB has delegated its authority to the General Counsel to act with

full authority over court litigation matters that otherwise would require Board authorization and full authority to certify the results of any secret ballot election conducted under the National Emergency provisions of the Labor Management Relations Act, sections 206–210, 29 U.S.C. 176–180. These delegations shall become effective during any time at which the Board has fewer than three Members and shall cease to be effective whenever the Board has at least three Members.

This action is taken due to the likelihood the NLRB will have only 2 members when the recess appointment of Member Becker expires.

Rejected

Ohio Governor John Kasich made passage of Senate Bill 5 (his signature law restricting public sector employees collective bargaining rights and the right to strike) his first priority after the Republican sweep in the 2010 elections. The reaction by labor and its allies has been swift and overwhelming. They gathered almost a million signatures to place a referendum on the ballot. Yesterday the repeal referendum (in which a yes vote was a vote for SB 5) was defeated resoundingly. Governor Kasich seems to understand.

Overpaid?

While some politicians argue public sector employees are overpaid, a new study from the Bureau of Labor Statistics indicates the opposite. Conservatives challenge the BLS conclusions with a Heritage Foundation study. Progressive blog ThinkProgress counters with a Project on Government Oversight (POGO) report which criticizes the Heritage Foundation methodology.

Unemployment trends down slightly

The Bureau of Labor Statistics (BLS) October jobs report reflects unemployment slipped to 9.0% down from 9.1 the previous month. Private sector employment grew by 104,000 and government employment losses (24,000) partially offset the private sector gains

Well you gotta eat

Today the Times Picayune reminds us a 1929 streetcar strike is credited as the birth time of the iconic po'boy sandwich. More about the origins here.

Boeing case delayed

The high-profile unfair labor practices case against Boeing is stalled pending federal court enforcement of NLRB subpoenas to the company for documents. It is unlikely the case will be resolved before the end of 2011. At that point, it is likely the NLRB will no longer have a quorum of 3 members. Member Becker's recess appointment ends in December. Congressional Republicans are likely to filibuster any appointments thereby preventing the Board from having the third member necessary to function. A recess appointment is a possibility, but that requires a recess, something Republicans have avoided by keeping Congress in session. Previous posts here.

Responding to allegations of harassment

Anytime a business has to address accusations of sexual harassment the response to the accusation is critical. Prompt remedial action can often avoid liability. Thats sex harassment 101. When a politician is accused of harassment, the response can be more complex. Herman Cain is learning that lesson in real time. More after the jump

Basketball (not anytime soon)

The NBA lockout has already resulted in cancellation of the first month of games. For now, it looks like the fans, owners and players are losers, but the lawyers are not.