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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...

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...

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...

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...

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...

By Sean P. Redmond 7/30/14

The National Labor Relations Board (NLRB) Tuesday informed the McDonald’s Corporation that the Office of the General Counsel will allow the company to be named as a joint employer of workers at its franchise-owned restaurants.  This determination was the result of numerous unfair labor practice charges filed by union-backed groups against franchisees that included the corporation as a charged party...

By Sean P. Redmond  7/24/14

The National Labor Relations Board (NLRB) on July 22 upheld a January 2013 Acting-Regional Director’s (RD) decision to permit a bargaining unit consisting of only the cosmetic and fragrance salespersons at a Macy’s department store.  Though it comes as little surprise, the Board’s decision is yet another example of the expansion of its controversial 2011 decision in Specialty Healthcare.  That decision has enabled the formation of micro-unions in a number of industries, now including retail...

By Sean P. Redmond 7/18/14

A case currently before the National Labor Relations Board (NLRB) could have a significant impact on manufacturers whose workplace rules seek to prevent the unauthorized disclosure of intellectual property...