A wave of strikes by fast-food and other low-wage workers continues to spread in major cities around the country as employees take action to increase their pay and gain other workplace rights and benefits. Strikes have taken place in New York City, Chicago, St. Louis, Detroit, and Milwaukee as the movement appears to be gaining strength.

The workers are not unionized and work in jobs traditionally not targeted by labor unions because the fast-food industry often relies on teen workers holding part-time and seasonal jobs. Since the recession, however, more adults with families have turned to jobs in the fast-food industry.

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Probusiness groups are cheering a new ruling from the U.S. Court of Appeals for the District of Columbia Circuit that represents another blow to the National Labor Relations Board (NLRB). The appeals court, which issued another ruling against the NLRB in January, ruled on May 7 that the Board exceeded its authority in its effort to require employers to post a notice of employee rights under the National Labor Relations Act.

The NLRB issued the rule in 2011, but it was never implemented because of court challenges. Had it gone into effect, all employers under NLRB jurisdiction—including nonunion employers—would have been required to post an 11-by-17-inch poster explaining that employees have the right to act together to improve wages and working conditions; to form, join, and assist a union; to bargain collectively with their employer; and to refrain from any of those activities.

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The National Labor Relations Board (NLRB), crippled by a January court ruling against two recess appointees, has the potential to get back to full strength if the Senate confirms nominations President Barack Obama made April 9. Previous attempts to fill the NLRB have failed over congressional opposition to Board actions and Obama’s nominees.

On April 9, Obama nominated Republicans Harry I. Johnson, III, and Philip A. Miscimarra along with Democrat Mark Gaston Pearce. Pearce is the current NLRB chair. His term is set to expire August 27. Johnson and Miscimarra are both management-side employment attorneys.

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The National Labor Relations Board (NLRB) announced on March 12 it will ask the U.S. Supreme Court to review an appeals court decision that says the appointment of two Board members is invalid.

In consultation with the Justice Department, the NLRB said it intends to file a petition by the April 25 deadline for Supreme Court review.

On January 25, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in Noel Canning v. NLRB that President Barack Obama acted unconstitutionally when he made three recess appointments to the Board on January 4, 2012.

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by Kevin J. Skelly

Every year, employers must publicly report specific transactions or arrangements relating to unionization or the threat of unionization. The report must be made within 90 days after the end of the employer’s fiscal year. For employers whose fiscal years coincide with the calendar year, the reporting deadline will be at the end of March.

The report is made on Form LM-10, which is issued by the U.S. Department of Labor (DOL). Nongovernmental employers must file the form annually to disclose financial dealings with union officials and representatives.

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A court ruling has put the brakes on the National Labor Relations Board (NLRB) and possibly invalidated decisions the Board has made for the last year.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled on January 25 that President Barack Obama acted unconstitutionally when he made three recess appointments to the NLRB on January 4, 2012.

The court’s ruling is seen as good news for employers because it seems to thwart what many in the business community see as the NLRB trying to rewrite labor law to benefit unions.

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A recent ruling from the National Labor Relations Board (NLRB) means employers are no longer automatically exempted when unions ask them to turn over witness statements related to employee discipline.

Now, the employer’s confidentiality interest must be balanced with the union’s need for information. The American Baptist Homes of the West d/b/a Piedmont Gardens case overruled the Board’s 1978 decision in Anheuser-Busch, Inc., which established a categorical exemption for witness statements in such cases.

In the Piedmont case, the NLRB’s acting general counsel and the charging party argued that the bright-line rule established in 1978 was “inappropriate.” The Board agreed, finding it should instead apply a balancing test articulated by the U.S. Supreme Court’s decision in Detroit Edison Co. v. NLRB, which was decided in 1979.

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by Gary Fealk

On December 11, Michigan passed Senate Bill 116, commonly known as the right-to-work law. In accordance with the Michigan Constitution (Article IV, Section 27), the law will go into effect 90 days after the end of the legislative session.

Under the law, an individual cannot be required to do any of the following to obtain or continue employment: read more…

Long a union stronghold, Michigan has become the latest state to pass right-to-work legislation. The fight, though, likely will rage on.

State legislators on December 11 approved legislation that prohibits workplaces from requiring all employees to pay all union dues. The legislation was pushed by the Republican majority in the state legislature. On Tuesday afternoon, it was being reported that the bills could be delayed for a brief time on procedural grounds (a motion to reconsider) by Democrats. Republican Governor Rick Snyder, nevertheless, was expected to sign the bills as early as Wednesday. He indicated he would sign the measure even though he had earlier said right-to-work legislation was too divisive and therefore wasn’t on his agenda.

The vote in the legislature isn’t the first blow organized labor has suffered recently in Michigan. Voters in the November election soundly turned down an initiative that would have put the right to collective bargaining in the state’s constitution.

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by Brian J. Kurtz

On what should have been the second Wednesday of the school year, Chicago teachers ended their strike against the city and returned to work. The bitter dispute brought national attention to Chicago and to the issue of education reform. The last teachers strike in Chicago took place 25 years ago. Apparently, a lot of acrimony can build up over a quarter century. So was it worth it? Who won? These questions are far more simple than their answers.

The final version of the three-year contract is reportedly still being drafted, so all the details are not yet public. As we wrote last week, the two biggest issues were the city’s proposed teacher evaluation system and whether laid-off teachers would have automatic recall to vacancies at other schools. Information published by the parties themselves and reports in the media suggest — not surprisingly — that neither side got everything it wanted in the negotiations.

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