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"Harris v. Quinn’s" Fallout

By Sean P. Redmond 8/19/14

Seven weeks after the Supreme Court’s decision in Harris v. Quinn, which invalidated an Illinois stealth unionization effort, the fallout from that case is now spreading to other states around the country.  A Chicago Tribune story last week reports that the Service Employees International Union (SEIU), which has been one of the principal unions orchestrating these types of dues-skimming programs, has stopped collecting fees from non-members in a number of states beyond Illinois, though organizing efforts appear to be far from over...

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Doubling Down on "D.R. Horton"

By Sean P. Redmond  8/8/14

The National Labor Relations Board (NLRB) appears to be doubling down on its controversial D.R. Horton decision, in which the Board ruled that employers could not require workers to submit disputes to arbitration in lieu of class action lawsuits.  Despite multiple courts’ rejection of that decision, an NLRB administrative law judge (ALJ) this week defied the judiciary and applied its dubious precedent in a case against United Healthcare...

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Mistakes on the Lake in Indiana

By Sean P. Redmond  8/6/14

The battle over Indiana’s right-to-work law has been long and intense.  The legislature there first considered it in 2010 and passed it in 2012, but a state judge who entered the fray last month has ensured the fight will be extended again. Ruling that the statute violated the state constitution, Lake County Circuit Judge George Paras declared the law “null and void” and permanently enjoined the state from enforcing it.  For good measure, he also elected not to stay his decision, which has increased the stakes, as well as the uncertainty, for the law’s proponents...

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Bergdorf Goodman: A Pyrrhic Victory?

By Sean P. Redmond 8/1/14

According to a somewhat hackneyed adage, even a broken clock is right twice a day. At first, that seemed to be the best way to describe the National Labor Relations Board’s (NLRB) decision this week in the case of Bergdorf Goodman.  The Board’s ruling overturned a controversial decision by one of its regional directors that a tiny unit of just women’s shoe sales associates could unionize, but unfortunately, the Board’s reasoning for its conclusion did more harm than good...

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Walker Wins Once Again

By Sean P. Redmond  7/31/14

The Wisconsin Supreme Court handed Governor Scott Walker a decisive win today in a case that had challenged the validity of the governor’s labor reform law known as Act 10.  The victory effectively puts to rest the various legal challenges that unions had launched immediately after the Act was passed...