Spending bill reduces DOL budget:  The bill would provide a total of $12.1 billion for the DOL - $83 million below the FY 2016 enacted level and $710 million below the previous administration’s budget request. The Employment Training Administration (ETA) would get $9.97 billion - a decrease of $90 million below last year’s enacted level.  Some highlights:

·       The Wage and Hour Division would be allocated $227.5 million - the same as the FY 2016 enacted level.

·       The Office of Federal Contract Compliance would get $104.4 million - down from the FY 2016 enacted level of $105.4 million.

·       OSHA would receive $552.7 million - consistent with the FY 2016 enacted level.

·       The National Labor Relations Board would get $274.2 million - the same as last year’s enacted level. The legislation continues the prohibition on using any of the appropriations to fund electronic voting in union elections.

·       The EEOC is getting $364.5 in funding - the same as its FY 2016 enacted level. 

However, for the most part, all agencies are receiving less than what was requested in the last President Obama budget.

Weingarten rights will not be extended to nonunion employees at this time: The National Labor Relations Board (NLRB) has decided not to exercise its discretionary authority to engage in rulemaking at this time to reverse the Board’s decision in IBM Corp., 341 NLRB 1288 (2004) and extend Weingarten rights to nonunion employees. In Weingarten, the Supreme Court held that an employee has a right to request the attendance of a union representative in any interview that he or she “reasonably fears may result in his discipline.”   In 1975 the United States Supreme Court in the case of NLRB v. J. Weingarten, Inc. 420 U.S. 251 (1975) upheld an NLRB decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights. Source: Jackson Lewis 5/5/17

Employees not motivated by their performance management systems:  According to a Gallup study, only 2 in 10 employees strongly agree that their performance is managed in a way that motivates them to do outstanding work. Further, only 14% of employees strongly agree that the performance reviews they receive inspire them to improve. When employees see their work minimized to a single number that describes their performance, whether it is a rating or a ranking, their focus shifts from how to improve their performance to whether their manager is qualified to judge their performance. Employees then evaluate the accuracy and fairness of the judgment, discount constructive feedback and coaching, and stop listening to their manager’s feedback. These perceptions leave many employees feeling upset with their manager and company, which gives them a negative outlook on their career.  29% of employees strongly agree that the performance reviews they receive are fair, and 26% strongly agree they are accurate.  To read the study, click here.  Source:  Gallup 2017

Union accompaniment on OSHA walk arounds at non-union facilities to be discontinued: In February 2013, OSHA issued an interpretation letter in response to a request from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, which clarified that employees at a non-union worksite could elect to have a non-employee who is “affiliated with a union” or with a “community organization” to act as their walk-around representative during OSHA inspections. This clarification was based on the agency’s interpretation of § 1903.8(c) which allows a third-party, such as an industrial hygienist or safety engineer to accompany an OSHA compliance officer during an inspection, when the compliance officer believes there is “good cause” for the third-party to be present.  OSHA expanded this regulation to permit union representatives to accompany OSHA during inspections of non-union worksites. OSHA claimed that the regulation allowed such third parties when it was “reasonably necessary.” A lawsuit was filed to stop the rule and in February, a court denied, in part, OSHA’s motion to dismiss the lawsuit stating the interpretation should have gone through the rulemaking process.  On April 27, 2017, the legal challenge was voluntarily dismissed since OSHA had agreed to rescind the interpretation letter and remove the guidance from its Field Operations Manual.  Source: Jackson Lewis 5/1/17

Safety Manager fired for not texting and driving: A safety manager for a trucking company was fired for not responding to text messages while driving for work. The company denies the allegations and states there is a firm anti-texting policy at the company.  However, the safety manager was told that he was terminated for refusing to "get with the program" and text and drive like the other truck drivers. The lawsuit alleges that he was scolded for not responding to text messages while driving on two separate occasions by his boss, and after he filed a complaint to upper management about this, he was terminated a week later. Safety must not have been a priority for the company if the safety manager’s allegations are found to be true.  Source:  ABC 10 News 4/27/17