May 23, 2018

May 23, 2018

Subscribe to Latest Legal News and Analysis

May 22, 2018

Subscribe to Latest Legal News and Analysis

May 21, 2018

Subscribe to Latest Legal News and Analysis

union kNOw – May 2018

The Don’ts of IBEW Local’s Dues Policy

IBEW Local 58’s policy requiring union members who want to resign their membership in the union or opt out of dues deduction to appear in person at Local 58’s union hall with a picture identification and a written request indicating the member’s intent violates the National Labor Relations Act, the U.S. Court of Appeals for the District of Columbia has ruled, upholding a decision of the National Labor Relations Board (NLRB).

After the institution of Local 58’s policy, a Local 58 member filed an unfair labor practice charge with an NLRB regional office. The NLRB’s General Counsel issued a complaint, and, after an adverse decision from an administrative law judge (ALJ), the employee and the General Counsel appealed to the NLRB. The NLRB reversed the ALJ, deciding that Local 58’s policy was an impermissible restriction on union members’ Section 7 rights to resign.

The Court said the requirement to resign in person and show a picture identification would “burden” members who live or work some distance from the union hall because it would “cost them time and money” and because some “resigning members [would] . . . wish[] to avoid a face-to-face encounter with a union representative.” The face-to-face requirement, the Court noted, “could present a particularly significant impediment for members who wish to resign during a strike or lockout.”

SEIU Fast Food Initiative on Fast Downhill?

According to the Washington Beacon, the Service Employees International Union (SEIU) last year reduced funding for its “Fight for $15” initiative “to the lowest level in four years.”

According to the movement’s website, Fight for $15 began in 2012 and today is “a global movement in over 300 cities on six continents” encompassing “fast-food workers, home health aides, child care teachers, airport workers, adjunct professors, retail employees – and underpaid workers everywhere.”

SEIU gave $13.3 million to the movement in 2017, down from $14 million in 2016 and approximately $23 million in 2014, according to Labor Department filings reviewed by the Center for Union Facts.

A few cities and states, such as New York and California, have adopted $15 minimum wages, but the movement largely has stalled. The Labor Department filings indicate that the SEIU gave $3.8 million directly to Fight for $15 and the Fast Food Workers Committee, two of the main organizing groups, $2.2 million to outside public relations groups, and $7.3 million to the various regional organizing committees.

Inspecting The Inspector General

According to a National Right to Work Legal Defense Foundation (NRWLDF) press release, the organization has asked the Council of Inspectors General on Integrity and Efficiency to review what the Foundation refers to as “apparent wrongdoing” by the NLRB’s Inspector General (David Berry) regarding his investigation that resulted in the NLRB’s withdrawing its Hy-Brand decision because of, as Berry found, a conflict of interest on the part of Board Member William Emanuel. (In that decision, the NLRB overruled its union-friendly Browning-Ferris joint-employer test.) NRWLDF is a nonprofit, charitable organization that provides free legal aid to employees.

Foundation President Mark Mix pointed out that “just a few years ago Berry gave the green light to Obama appointee and former Service Employees International Union lawyer Craig Becker to participate in cases involving the SEIU and its affiliates ….” The Foundation alleges that Berry’s reports were made public without redactions of the NLRB’s internal deliberative communications. The NRWLDF wants an investigation into whether Berry disseminated confidential NLRB deliberations and improperly disclosed outside the NLRB that he was investigating Emanuel.

One Big Happy Family

A dispute between NLRB member Mark Gaston Pearce, and Chairman John Ring over the joint-employer standard has gone public. Their tweet-a-thon arose in response to Ring’s proposal to solve the Board’s joint-employer conundrum through rulemaking.

Ring tweeted about the need for rulemaking because of “uncertainty over the standard.” This caused Pearce to observe, among other tweets, that “no party has asked for rulemaking,” “‘[u]ncertainty’ over the joint-employer standard exists only in the minds of those seeking to reverse Browning Ferris,” and “Board majority ‘considering rulemaking’ but @NLRB Chairman says ‘Board majority … working to issue proposed rule ASAP’ – certainly sounds like another objective is already set.”

Jackson Lewis P.C. © 2018

TRENDING LEGAL ANALYSIS


About this Author

Philip B. Rosen, Jackson Lewis, Preventive Practices Lawyer, Collective Bargaining Attorney
Principal

Philip B. Rosen is a Principal in the New York City, New York, office of Jackson Lewis P.C. He is a member of the firm's Board of Directors and co-leads the firm's Labor and Preventive Practices Group. He joined the firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-...

212-545-4000
Jonathan J. Spitz, Jackson Lewis Law Firm, Labor Employment Attorney, Atlanta
Shareholder

Jonathan J. Spitz is a Principal in the Atlanta, Georgia, office of Jackson Lewis P.C. He is Co-Leader of the firm’s Labor and Preventive Practices Group.

Mr. Spitz lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media issues and the changing regulatory landscape. He understands the practical and operational needs of corporate America, helping design pragmatic strategies to minimize risk and maximize performance. He has represented management in dozens of counter-organizing drives and participated in countless unfair labor practice proceedings, discrimination charges and other matters before the National Labor Relations Board, the Equal Employment Opportunity Commission and other federal and state administrative agencies, as well as in collective bargaining, arbitration and in employment litigation before state and federal courts. Mr. Spitz regularly counsels employers in employee relations and discipline and discharge matters, and also assists employers in drafting employment policies and in complying with the Family and Medical Leave Act, drug testing laws and regulations, the Americans with Disabilities Act and other federal and state employment laws.

404-586-1835
Howard Bloom, Jackson Lewis, labor union attorney, unfair practice investigations lawyer, employment legal counsel, bargaining law
Principal

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues. He trains and advises executives, managers and supervisors on union awareness and positive employee relations, and assists employers in connection with union card-signing efforts, traditional union representation and corporate campaigns, and union decertification...

617-367-0025