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EverythingPeople gives valuable insight into the developments both inside and outside the HR position.

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NLRB Holds That Union Engaged in Union Busting Against Its Own Workers

20 February 2024

NLRB Holds That Union Engaged in Union Busting Against Its Own Workers

Author: Michael Burns

In the category of what’s good for the goose is good for the gander we have the pro-union National Labor Relations Board (NLRB) recently finding the United Food and Commercial Workers (UFCW) union engaged in a myriad of unfair labor practices with its own unionized staff who are members of FAIR. (Yes, unions have unions.)

NLRB’s Cemex Pro-union Standard Challenged in Court

13 February 2024

NLRB’s Cemex Pro-union Standard Challenged in Court

Author: Michael Burns

Cemex Construction is challenging the National Labor Relations Board’s (NLRB) “radical change” which would allow the NLRB to bypass an organizing election and order bargaining if it finds the employer engaged in an unfair labor practice during the campaign. It also extended the rules for requiring union election if the union demands recognition. Before this decision, an employer was not required to recognize a union and the union was the one that had to demand an election....
BLS Reports 2023 Union Membership Down… Again

30 January 2024

BLS Reports 2023 Union Membership Down… Again

Author: Michael Burns

The Bureau of Labor Statistics (BLS) reported union membership continued to decline in 2023. The BLS reported that private sector union membership increased by 191,000 members during the year. Union representation was 11.2% of workers in 2023 down from 11.3% in 2022.

Non-union Employers Should Be Preparing for 2024

2 January 2024

Non-union Employers Should Be Preparing for 2024

Author: Michael Burns

As we closed out 2023, unions continued to win recognition elections at a rate of almost 75%. In 2023 this percentage is from 1,316 certification elections run nationally. This included an overall win rate in September, 2023 of 91%. This win rate was for recognition certification elections – also called RC elections.

Expect Union Organizing to be Speedy in 2024

2 January 2024

Expect Union Organizing to be Speedy in 2024

Author: Anthony Kaylin

On December 26, 2023, representation case procedures changed under a rule published in August 2023 by the National Labor Relations Board (“NLRB”).  Essentially, the rule is reimplementing the 2014 Obama era “Quickie Election” rules.  

Employers Brace for Impact After UAW Wins

19 December 2023

Employers Brace for Impact After UAW Wins

Author: Kevin Marrs

Labor contracts of large employers can significantly impact smaller related employers through a series of economic forces. One primary mechanism is the influence of wage and benefit standards set by major corporations within a specific industry. When large companies establish high standards in their labor contracts, it creates a benchmark that smaller employers often feel compelled to meet to attract and retain skilled and experienced workers.

UAW President Vows Increased Organizing Push on Non-union Auto and Supplier Companies

28 November 2023

UAW President Vows Increased Organizing Push on Non-union Auto and Supplier Companies

Author: Michael Burns

Shaun Fain, UAW President, is not only taking a victory lap around the recent contract settlements with the Detroit Three, but he has also repeatedly vowed to organize the other non-union auto manufacturers and their suppliers so that in 2028 he will be bargaining against the Big Five or Six.

Fifth Circuit Court of Appeals Knocks One of the Biden NLRB’s First Pro- Labor Rule Changes

21 November 2023

Fifth Circuit Court of Appeals Knocks One of the Biden NLRB’s First Pro- Labor Rule Changes

Author: Michael Burns

What the National Labor Relations Board seeks to give unions, the Courts taketh away. Since the beginning of the Biden era, the NLRB has issued ruling after ruling challenging employers’ policies as anti-union. Many policies that have been acceptable for years are now being cast as anti-union and in turn, an unfair labor practice.

Ford, GM, and Stellantis Start Settlement of UAW Strike with Tentative Agreements

31 October 2023

Ford, GM, and Stellantis Start Settlement of UAW Strike with Tentative Agreements

Author: Michael Burns

Last Wednesday Ford Motor Company reached a tentative agreement with the United Auto Workers. Though it remains to be seen what else was agreed to, the tentative deal increases wages 25% over the life of the contract. Top wage jobs will see cumulative wages rise 30% to over $40/hr. Starting wages will increase 68% to over $28/hr.  Stellantis agreed to a similar deal last Saturday that mirrors the Ford deal.

UAW Continues to Press Its Demands and Call for More Strikes

17 October 2023

UAW Continues to Press Its Demands and Call for More Strikes

Author: Michael Burns

As the UAW strike enters its 5th week, Shawn Fain, UAW President, continues to call on more plants to strike and continues to increase pressure on the Detroit Three. Last week, Fain called on Ford’s Kentucky plant’s 8700 union workers to walk off the job having received Ford’s latest proposal at a meeting that Fain took just ten minutes to leave saying, “You just lost Kentucky Truck Plant.”

Could Responding to an Employee Feedback Program Create a Union?

3 October 2023

Could Responding to an Employee Feedback Program Create a Union?

Author: Anthony Kaylin

In a case before the U.S. Court of Appeals in Washington D.C., the National Labor Relations Board (NLRB) is claiming a program that solicits employee feedback created a union because the company discussed the issues with the employees (T-Mobile v. NLRB, Nos. 22-1310 and 23-1002). 

UAW Labor Strike Fall-Out Concerns and Actions

26 September 2023

UAW Labor Strike Fall-Out Concerns and Actions

Author: Michael Burns

Businesses that may face their own fallout from the UAW strike against the Detroit Three should be cognizant of some resources and obligations. During ASE’s bi-weekly Conversations with Mike & Tony webinar, we asked the participants if they foresaw a direct impact from the strike in the next 30 days. 26% said they did, and the biggest percentage of those indicated the impact would be employee layoffs.

NLRB Joins Non-compete and Training Repayment Fray

19 September 2023

NLRB Joins Non-compete and Training Repayment Fray

Author: Michael Burns

Earlier this year the Federal Trade Commission (FTC) issued proposed rules prohibiting the use of non-compete agreements with most employees. Non-compete agreements restrict an employee from leaving an employer and taking another job – usually but not always – in the same business, for a specific period of time and within a limited geographic area. Historically the purpose of non-compete agreements was to protect confidential information about a business from being poached by a...
Union Election Rule Change Allows for Stepping Around Voters

29 August 2023

Union Election Rule Change Allows for Stepping Around Voters

Author: Michael Burns

Last week the National Labor Relations Board (NLRB) issued its long-anticipated decision in Cemex Construction Materials Pacific LLC and also issued a new rule changing union election procedures.

Auto Contract Talks Starting to Heat Up

22 August 2023

Auto Contract Talks Starting to Heat Up

Author: Michael Burns

With less than a month to go before the Big Three and the UAW labor contracts expire (September 14), the UAW is ratcheting up its negotiation rhetoric and posturing.

NLRB Makes Handbook Policies Easier to Challenge as “Unfair” and an NLRA Violation

9 August 2023

NLRB Makes Handbook Policies Easier to Challenge as “Unfair” and an NLRA Violation

Author: Michael Burns

Not unexpectedly, last week the National Labor Relations Board (NLRB) changed its work rule test. The NLRB’s work rule test assesses whether particular employer policies (rules) illegally restrict workers’ rights. The Biden labor Board, now comprised of his appointees, and its General Counsel stated that since this Administration came into office, it would be reviewing many Trump-era labor rules and this rule in particular.

Oversight of Teamsters Pension Funds by U.S. Ends After 40 Years

27 June 2023

Oversight of Teamsters Pension Funds by U.S. Ends After 40 Years

Author: Michael Burns

Readers may recall a previous article in the EPTW earlier this year talking about the incredible amount of money (billions) the government has provided to union pension funds in the way of special financial assistance provided through the Pension Benefit Guaranty Corporation (PBGC) as provided by the American Rescue Plan Act passed under the current administration in 2021.
U.S. Supreme Court (SCOTUS) Says No to Striker Vandalism

13 June 2023

U.S. Supreme Court (SCOTUS) Says No to Striker Vandalism

Author: Michael Burns

With the National Labor Relations Board (NLRB) currently stretching union rights in every direction, earlier this month the U.S. Supreme Court put up a block against unlawful strike behavior. In an 8-1 decision the high Court said an employer may sue a union if they allowed their striking members to intentionally damage company property during a strike. This would seem to be a no-brainer but not in the world of labor.

Big Three Auto Contract Negotiations Are Coming This Fall

5 June 2023

Big Three Auto Contract Negotiations Are Coming This Fall

Author: Michael Burns

Every three years Detroit’s auto industry faces the “Auto Talks.” The Big Three and the United Auto Workers (UAW) will re-negotiate their contracts that are set to expire this September 14th.  This event not only impacts General Motors, Ford, and Stellantis NV but also impacts the suppliers and vendors that support auto production.

NLRB General Counsel Continues Attacks on Employer Policies

21 March 2023

NLRB General Counsel Continues Attacks on Employer Policies

Author: Michael Burns

Most employer handbooks have a policy addressing solicitations at work. One major purpose of a no solicitation policy is to prevent union organizing on an employer’s premises. Union organizers want easy access to employees and where better to reach them?

Right to Work Repeal Passes in Michigan Legislature – Goes to Governor for Signature

14 March 2023

Right to Work Repeal Passes in Michigan Legislature – Goes to Governor for Signature

Author: Michael Burns

Michigan’s Legislature moved quickly to repeal Michigan’s 10-year-old Right to Work law. Right to Work allows private sector union members to opt out of union dues payment should they disagree with the services rendered, the political position their union takes, or any other reason the union member may have for deciding the union has not earned their support. Right to Work gives thousands of Michigan union workers leverage to hold their unions accountable.
Failing Union Pension Funds Getting Huge Influx of Money from PBGC

7 February 2023

Failing Union Pension Funds Getting Huge Influx of Money from PBGC

Author: Michael Burns

Fans of mafia cinema know the movie Casino follows the mob’s latter-day activities in Las Vegas and how they funded their Las Vegas investments through loans from various unions in the 1960’s and 70’s – a fact used by the moviemakers to show the mafia-labor union corruption back in the day. The Teamsters' connections to the mafia include Teamsters Presidents Frank Fitzimmons and of course Jimmy Hoffa leading the way. One subplot in the movie Casino was based on...
Can an Employee Resource Group (ERG) Lead to Labor Issues?

31 January 2023

Can an Employee Resource Group (ERG) Lead to Labor Issues?

Author: Anthony Kaylin

Affinity Groups, Employee Resource Groups (ERGs), and the like are hallmarks of diversity programs.  Specifically, ERGs could consist of a variety of identities from African American, Hispanic, disabled, women, LGBTQ, and more.  90% of Fortune 500 companies have been reported to have at least one.  Those who participate in ERGs believe they help move the needle with equality and inclusion in their workplaces.  

Union Membership Drops to 10.1% of the U.S. Workforce in 2022

24 January 2023

Union Membership Drops to 10.1% of the U.S. Workforce in 2022

Author: Michael Burns

The Bureau of Labor Statistics reports that union membership continues its over 40-year decline. Union membership in 2022 declined to 10.1% of U.S. workforce down from 10.3% in 2021. That said, total union membership rose by 273,000 to about 14.3 million workers. But, because of the number of U.S. wage and salary workers (most non-union) grew by 5.3 million workers the reported union membership as a percentage of that total workforce continued to show a decline.

Michigan Democrats Eye Repeal of Right to Work

3 January 2023

Michigan Democrats Eye Repeal of Right to Work

Author: Michael Burns

With the Michigan Democratic party taking control of both sides of the Michigan Legislature this past fall, Democrat Legislators began calling for repeal of Michigan’s Right to Work law.

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