Posts Tagged ‘National Labor Relations Board’

Labor and employment roundup

  • Loosen constraints on local and state deviation from the NLRA labor law model? Idea gathering force on right also draws some interest from left [Ben Sachs, On Labor, on James Sherk/Andrew Kloster proposal for right to work laws at city/county level]
  • Justice Alito dissents from Supreme Court’s denial of certiorari in Kalamazoo “employee buyer’s regret” case where asked-for transfer was later construed as retaliation [Jon Hyman]
  • NLRB’s franchise power grab could prove costly to small business [Diana Furchtgott-Roth, Connor Wolf]
  • A very different country: Supreme Court of Canada constitutionalizes a right of public employees to strike [On Labor]
  • Average full-time California municipal employee got 2013 compensation package of nearly $121,000 [Steven Greenhut]
  • Perfect, now let’s mandate sick day banking nationwide: “Montgomery [County] fire department has history of sick-day abuse among workers due to retire” [Washington Post]
  • Yet more unilateralism: Obama administration tightens regs on federal contractor sex discrimination [Roger Clegg]

Schools roundup

  • “Teacher keeps job despite ‘unsatisfactory’ rating 6 years in a row” [New York Post; and one reaction that speaks volumes about attitudes at Media Matters for America]
  • Cathy Young interviewed the accused (cleared by university and police) in Columbia “mattress” case and reports on the message traffic between him and accuser [The Daily Beast; Daniel Garisto, Columbia Daily Spectator (“we, the members of the campus media, failed specifically with Sulkowicz’s story by not being thorough and impartial” in part because of social pressure against pro-due-process viewpoints)]
  • Redouble whippings till morale improves: Obama seeks big hike in Department of Education Office for Civil Rights (OCR) budget [Robby Soave, Chronicle of Higher Education, Hans Bader] Theory assigns big role to OCR: “the resurgence of P.C. has actually been orchestrated from the top down.” [Jason Willick, Stanford Political Journal]
  • Faculties have resigned governance questions to “University Life” bureaus, which often place less value on academic freedom [Todd Zywicki, Pope Center] “Graduate school eliminates use of titles like ‘Mr.’ and ‘Ms.’ in salutations and correspondence” [Alexandra Zimmern, The College Fix on CUNY Graduate Center]
  • NLRB ropes religious institutions’ faculty into federal labor law regime [Joseph Knippenberg, Law and Liberty, parts one, two]
  • “Students of ‘predatory’ school to get loan forgiveness” [Miami Herald, Everest U.]
  • When researchers interview jihadis, should they get a “project funded by the U.S. Department of Defense” disclaimer/warning under human-subjects-protection rules? [IRB Blog]

Labor and employment roundup

  • Obama wants Hill to force paid leave on employers. What, his rule-by-decree powers didn’t stretch that far? [RCP, USA Today] Department of Labor, using funds taxed from supporters and opponents alike, happy to act as frank advocate for legislation [its blog]
  • Employers brace for salaried-overtime mandate, wrought by unilateral Obama decree [KSL, earlier at Cato]
  • Related: “Employers To Face More Litigation In 2015 As Plaintiff Lawyers Swoop In” [Daniel Fisher on Gerald Maatman/Seyfarth Shaw report] Here come more NLRB decisions too [Tim Devaney, The Hill]
  • Krugman on minimum wage: two economists in one! [Donald Boudreaux, Cafe Hayek via Coyote, @Mike_Saltsman (“Min wage in France is closer to $12/hr US. But Krugman still being inconsistent bc he’s also backed $15 US minimum”)]
  • Five pro-de Blasio unions — SEIU/1199, teachers, hotel workers, doormen/building staff, CWA District 1 — help enforce NYC mayor’s agenda [NYDN]
  • Testimony: “worst-kept secret” in Philly ironworkers’ union was that you could get ahead through violent “night work” [Philadelphia Inquirer; earlier on Quaker meetinghouse arson here and here, related here]
  • Loads of new compliance burdens: “Changes in California Employment Law for 2015″ [Baker Hostetler] And it wouldn’t be California without many more employer mandates pending in legislature [Steven Greenhut]

NLRB and labor law roundup

The National Labor Relations Board has been so hyperactive lately reshaping the law for the benefit of labor unions that it gets a roundup all to itself:

November 13 roundup

  • Italian appellate court overturns conviction of seismologists on manslaughter charges following 2009 L’Aquila earthquake [Lowering the Bar, earlier]
  • “The most ominous outcome in last week’s election: A band of big-bucks civil attorneys almost picked off an Illinois Supreme Court justice because they believe he’s a threat to their big paydays.” [Chicago Tribune on Karmeier retention] More: lawyers aren’t through with him yet [Madison County Record]
  • They were expecting any different? “Landlords Say de Blasio Ignores Their Plight” [New York Times]
  • “Liberties,” they said: New York Civil Liberties Union represented complainants who got couple fined $13,000 for not renting farm for a same-sex wedding [Ann Althouse]
  • Michael Greve on citizen suits, deadline-forcing consent decrees, and “sue and settle” [Liberty and Law] Why Germany rejects the citizen-suit device [same]
  • Harry Reid planning to push through large number of nominees in lame duck session, few more controversial than Sharon Block at NLRB [On Labor] (7 a.m. Thursday update: White House withdraws Block)
  • Maricopa County, Ariz. sheriff and perennial Overlawyered favorite Joe Arpaio sues building owners after sidewalk trip/fall “as he headed to a restaurant to get a bowl of soup” [AP/Yuma Sun]

Labor and employment roundup

  • Operator of Jimmy John’s sandwich shops asked low-level employees to sign a noncompete. What would be the point? [Bainbridge, Hyman]
  • GOP Congress might take aim at a range of current union and NLRB practices including political dues spending without member opt-out [Sean Higgins, Washington Examiner]
  • Reminder: turning union activity into a protected category under the Civil Rights Act is one of the very worst ideas around [George Leef, earlier on Ellison-Lewis proposal here and here]
  • Scrutiny of occupational licensure intensifies [Ira Stoll]
  • “House Committee Examines EEOC Transparency and Accountability Legislation” [On Labor]
  • “The Dawn of ‘Micro-Unions': A Scary Proposition for Employers” [John G. Kruchko, Kevin B. McCoy, Ford Harrison, earlier here, etc.]
  • Immigrant status and national origin discrimination: “DOJ Brings Issue of Hiring Documentation to Forefront” [Daniel Schwartz]

Labor and employment roundup

  • Court dismisses case against CVS in which EEOC had sought to redefine standard severance confidentiality provisions as unlawful retaliation [Jon Hyman, Daniel Schwartz, earlier here and here]
  • Temp-agency jobs brought in-house: “The NLRB Forces CNN to Rehire Workers Terminated Over a Decade Ago” [Alex Bolt, Workplace Choice]
  • “NLRB may encourage your employees to file OSHA, FLSA claims too” [Eric B. Meyer, Employer Handbook] “You’re NOT Paranoid — The Agencies ARE Ganging Up” [Dabney Ware, Foley & Lardner]
  • “The U.S. Department of Labor claims it can’t come up with the cash to fully reimburse Oregon farmers for the $220,000 it unlawfully coerced from them.” [Capital Press, Oregon] House committee flays department over use of “hot goods” orders to arm-twist growers of perishables on labor issues [committee, CQ via Dunn Carney, The Grower]
  • Sauce for gander: if left can push labor ordinances at county and municipal level, supporters of right-to-work laws might do the same thing [James Sherk and Andrew Kloster, Heritage]
  • “I wonder how large the overlap is between people who want Ray Rice banished from NFL forever and those who want to ‘ban the box'” — @Toirtap
  • Jacob Huebert on the Harris v. Quinn decision [new edition of Cato Supreme Court Review]

Labor and employment roundup

California high court rejects franchisor-as-joint-employer liability

Like most courts to consider the issue, the California Supreme Court in a case involving Domino’s Pizza has held that a franchisor generally cannot be held liable for the independently made employment decisions of one of its franchisees. Who would disagree with that commonsense view? Well, the Obama National Labor Relations Board (NLRB), as well as three liberal dissenters on the seven-member California court, who would have left it up to case-by-case jury factual balancing, an arrangement likely to coax settlement offers from risk-averse franchisor defendants. [Daniel Fisher, Forbes, also; Shaw Valenza; Fox Rothschild; Gordon Rees; related, Epoch Times last week quoting me; earlier here, here, and here]

Aaron Schepler, Quarles & Brady;

In the supreme court’s view, the fact that Domino’s exercised extensive control over the manner in which the franchisee operates its business was merely a way to ensure the uniformity of the customer experience at its franchised outlets. As the court explained, this uniformity actually benefits both parties to the franchise relationship because “chain-wide variations … can affect product quality, customer service, trade name, business methods, public reputation, and commercial image” and, thus, the value of the brand. And because “comprehensive operating system[s]” are present in nearly every franchise relationship, those systems standing alone could not reasonably “constitute[] the ‘control’ needed to support vicarious liability claims like those raised here.”

Labor roundup

  • What’s wrong with the NLRB attack on McDonald’s franchising, cont’d [On Labor, earlier here, here, etc.]
  • Postal union calls in American Federation of Teachers, other public employee unions to kill Staples postal partnership plan [Huffington Post]
  • U.S. Department of Labor uses coercive hot-goods orders to arm-twist blueberry farmers, judges say no [Jared Meyer, Econ21 and Salem Statesman-Journal]
  • “Watch Closely Obama’s Treatment of Unions” [Diana Furchtgott-Roth] “Obama ‘Fair Pay and Safe Workplaces’ Executive Order Will Punish Firms in Pro-Worker States” [Hans Bader, CEI]
  • Judge: massive document request signals NLRB’s emergence as litigation arm, and co-organizer, of unions [Sean Higgins, Examiner] Wobblies on top: NLRB sides with IWW workers over poster claiming eatery’s food was unsafe [Minneapolis Star-Tribune, earlier]
  • Academic debate on union issues already wildly lopsided, union-backed labor history curriculum unlikely to help [Alex Bolt, Workplace Choice]
  • Turning unionism into a protected-class category in parallel with discrimination law is one of the worst ideas ever [Jon Hyman, earlier here, etc.]