Category Archives: Union Issues

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Updated Effective Date: NLRB Requires Employers to Post Unionization Rights Notice

As an UPDATE to an earlier article, please take notice that, on October 5, 2011, the National Labor Relations Board (“NLRB” or “Board”) announced that it would delay the effective date of its August 25 final rule that will require employers to post an NLRB-issued notice detailing employees’ unionization rights under the National Labor Relations … Continue Reading

NLRB Proposes Significant Representation Election Changes That, If Finalized, Likely Will Aid Unionization Efforts

The National Labor Relations Board (“NLRB” or “Board”) has proposed a number of amendments to the representation election process that could significantly impact the potential unionization of companies throughout the United States. Specifically, on June 22, 2011, the NLRB published a Notice of Proposed Rulemaking in the Federal Register, proposing numerous and far-sweeping amendments to … Continue Reading

Another California Court of Appeal Finds California’s Special Protections for Labor Picketing to be Unconstitutional

On January 27, 2011, another California Court of Appeal held in Ralph’s Grocery Co. v. United Food and Commercial Workers Union Local 8 that the Moscone Act and Labor Code section 1138.1, both of which give special protections to union picketing, are unconstitutional because they violate constitutional free speech protections. This is the second Court … Continue Reading

National Labor Relations Board Clarifies The Definition Of Supervisor

In 2001, the United States Supreme Court criticized the National Labor Relations Board’s (“Board”) interpretation of the definition of a supervisor under Section 2(11) of the National Labor Relations Act (“NLRA”) as applied to charge nurses in the healthcare industry.  NLRB v. Kentucky River Community Care, Inc., 532 U.S. 706 (2001).  Yesterday, the Board issued … Continue Reading

Union Employees Have A Right To Judicially Enforce Minimum Statutory Requirements Such as Rest Period and Wage Statement Rights

A recently published opinion of the California Court of Appeal, Zavala v. Scott Brothers Dairy, Inc., expanded on the 2005 Cicairos v. Summit Logistics, Inc. decision by holding that employees subject to a collective bargaining agreement cannot be required to arbitrate claims for rest period and wage statement violations, even if those claims have already … Continue Reading

Major Victory For Unions, As Ninth Circuit Reverses Itself In Chamber of Commerce v. Lockyer

After twice affirming a district court’s decision that two California statutes were preempted by the National Labor Relations Act ("NLRA"), a divided en banc panel of the Ninth Circuit Court of Appeals reversed itself last week by a 12-3 vote in Chamber of Commerce v. Lockyer. The majority opinion found that the two statutes at issue … Continue Reading

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