American Society of Employers
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.

NLRB Takes Aim at All Employer Electronic Monitoring Regardless of Business Purpose

8 November 2022

NLRB Takes Aim at All Employer Electronic Monitoring Regardless of Business Purpose

Author: Michael Burns

Employers can use a number of different methods of electronic monitoring in the workplace ostensibly to improve productivity and ensure security of the business. These methods can be:

Understanding the Crazy Logic of the National Labor Relations Board

18 October 2022

Understanding the Crazy Logic of the National Labor Relations Board

Author: Michael Burns

Imagine, if you will, an employee calling the owner of the employing company a derogatory term to their face. The employer understandably fires the employee only to have the National Labor Relations Board (NLRB) order the employer to reinstate the employee.

RSS

Filter:

Filter by Authors

Position your organization to THRIVE.

Become a Member Today