Late yesterday, National Labor Relations Board Chairman Mark G. Pearce released the content of the Resolution proposed for toady's vote. The Board is scheduled to vote to approve certain portions of the rules it considered earlier this year to alter the Board's election process and expedite union representation elections. These are the rules that would implement so-called "Quickie" or "Ambush" elections. The text of the Resolution is available from the Board's website here. The Board's news release is available here.
In light of the 2-1 Democratic majority on the Board (Chairman Pearce and Member Craig Becker), it is likely that the Board will approve the Resolution to modify election procedures -- as long as the lone Republican on the Board, Member Brian Hayes, remains on the Board. There were rumblings at the end of last week and the beginning of this week that Member Hayes may resign to prevent the Board from having the quorum necessary to approve the Resolution. As of yet, however, there is no word whether Member Hayes will resign. But many will be paying close attention to his actions leading up to the meeting scheduled for 2:30 p.m. today.
Showing posts with label labor. Show all posts
Showing posts with label labor. Show all posts
Wednesday, November 30, 2011
Tuesday, November 29, 2011
Showdown at the NLRB Corral
The NLRB scheduled a vote for November 30, 2011 on its controversial new rule governing union representation elections, which would implement what some have referred to as "Quickie Elections." Under the new rules, representation elections would be held within 10 to 21 days of filing a petition for an election. This timeframe, reduced from an average of 42 days, would limit an employer's ability to communicate with its employees about what it means to be unionized before the employees vote.
Mark Pearce, chair of the NLRB, called for the vote, saying that some provisions of the proposal should be approved before the end of 2011, when the term of member Craig Becker is set to expire. When Becker's term expires, the Board would have only two members and would not have a quorum necessary to take official actions. Member Hayes, the sole Republican member of the Board, has threatened to resign prior to the Board's vote to deprive the Board of the authority to implement the controversial and decidedly pro-labor rules. It remains to be seen whether Member Hayes will actually resign to prevent the Board's action, but you can expect that the bullets at the NLRB Corral will continue to fly for the next several weeks.
Mark Pearce, chair of the NLRB, called for the vote, saying that some provisions of the proposal should be approved before the end of 2011, when the term of member Craig Becker is set to expire. When Becker's term expires, the Board would have only two members and would not have a quorum necessary to take official actions. Member Hayes, the sole Republican member of the Board, has threatened to resign prior to the Board's vote to deprive the Board of the authority to implement the controversial and decidedly pro-labor rules. It remains to be seen whether Member Hayes will actually resign to prevent the Board's action, but you can expect that the bullets at the NLRB Corral will continue to fly for the next several weeks.
Friday, October 7, 2011
NLRB Postpones Deadline For Posting Notice
The National Labor Relations Board announced recently its decision to postpone the implementation date for its new notice-posting rule. Previously, the Board's new notice-posting rule required employers to post the 11x17 inch poster no later than November 14, 2011. That date has been delayed until January 31, 2012.
In a press release, the Board indicated that the rule's effective date was delayed "by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." The Board indicated that it had received a number of questions from business and trade organizations that suggested uncertainty about which businesses are covered by the new requirement.
Other than the effective date, no other changes in the rule, or in the form or content of the notice, will be made.
In a press release, the Board indicated that the rule's effective date was delayed "by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." The Board indicated that it had received a number of questions from business and trade organizations that suggested uncertainty about which businesses are covered by the new requirement.
Other than the effective date, no other changes in the rule, or in the form or content of the notice, will be made.
Monday, September 19, 2011
NLRB Notice of Rights Poster Available
The National Labor Relations Board recently announced that the Notice of Employee Rights poster is available on the Board's website here. Under the NLRB's new rules, all employers covered by the Act are now required to post the Notice of Rights Poster by November 14, 2011. Employers who customarily post personnel rules or policies on an internet or intranet site must also provide a link to the poster from those sites.
An employer's failure to post the Notice of Rights is considered an unfair labor practice and may toll the statute of limitations for employees to file unfair labor practices on other grounds while the Notice is not in place. Additionally, the Board's new rule provides that a knowing and willful failure to post the Notice, that may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the Act.
An employer's failure to post the Notice of Rights is considered an unfair labor practice and may toll the statute of limitations for employees to file unfair labor practices on other grounds while the Notice is not in place. Additionally, the Board's new rule provides that a knowing and willful failure to post the Notice, that may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the Act.
Wednesday, May 6, 2009
4th and long for team EFCA
The Employee Free Choice Act ("EFCA") is proving to be the ultimate pigskin in a game of political football! Two years ago, with President Bush promising a veto if EFCA ever landed on his desk, members of the House of Representatives (which passed the bill) and of the Senate (which didn't pass the bill) could proclaim their support of EFCA with absolutely no fear the bill would actually become law. Many elected officials in both Houses of Congress who supported the bill received funding from and the backing of Big Labor in being re-elected. Of particular note in this category of clever politicians is Mark Pryor, Democrat Senator from Arkansas. Senator Pryor was a co-sponsor of EFCA last time around, along with then-Senator, now President, Barack Obama. Senator Pryor continued to voice his support for EFCA during the 2008 election cycle, which helped him avoid any serious challengers and to enjoy union support and dollars. Now, with a fresh six-year term under his belt, Senator Pryor has assumed a more moderate position. And he is in good company.
President Obama, unlike his predecessor, has pledged to sign EFCA into law if it is approved by the House of Representatives and the Senate. This fact, along with a slowed economy, has made for rougher sailing for EFCA in 2009 than it faced in 2007.
The aspect of EFCA considered most offensive is the elimination of the secret-ballot election. As bad (or worse) to employers is the arbitration provision that would allow an arbitrator to impose a collective bargaining agreement for a two year period for the parties. The latter would effectively put an end to over 80 years of labor law in which the parties were left to their own devices when drafting a labor contract.
EFCA once seemed like a sure thing, with the Senate posing a potential obstacle to passage of the law. Now, some have gone so far as to declare it dead for the current session of Congress. We believe the unions will huddle up and emerge with a fourth quarter strategy designed to put them in a position to score a few points in this game of political football. We see compromise on the horizon that will win over key figures such as Senator Arlen Specter (R - Pa.). Because if EFCA is passed in some form, even a weaker version than hoped, it can be amended later if need be . . . particularly if the political winds continue to blow in the Democrats' favor!
President Obama, unlike his predecessor, has pledged to sign EFCA into law if it is approved by the House of Representatives and the Senate. This fact, along with a slowed economy, has made for rougher sailing for EFCA in 2009 than it faced in 2007.
The aspect of EFCA considered most offensive is the elimination of the secret-ballot election. As bad (or worse) to employers is the arbitration provision that would allow an arbitrator to impose a collective bargaining agreement for a two year period for the parties. The latter would effectively put an end to over 80 years of labor law in which the parties were left to their own devices when drafting a labor contract.
EFCA once seemed like a sure thing, with the Senate posing a potential obstacle to passage of the law. Now, some have gone so far as to declare it dead for the current session of Congress. We believe the unions will huddle up and emerge with a fourth quarter strategy designed to put them in a position to score a few points in this game of political football. We see compromise on the horizon that will win over key figures such as Senator Arlen Specter (R - Pa.). Because if EFCA is passed in some form, even a weaker version than hoped, it can be amended later if need be . . . particularly if the political winds continue to blow in the Democrats' favor!
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