As reported on the Hunton Employment & Labor Perspectives blog, the NLRB’s Office of the General Counsel (“the General Counsel”) recently issued an internal directive regarding the manner in which NLRB Regions prosecute duty of fair representation charges against unions. Under the National Labor Relations Act, unions have a duty of fair representation to the members of the bargaining unit it represents by engaging in conduct that is not arbitrary, discriminatory or in bad faith, particularly with regard to the processing of worker grievances.
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Many in the labor community are familiar with the Machinists Union’s long running effort to unionize Boeing’s South Carolina-based 787 Dreamliner manufacturing facility. After failing in two previous attempts to organize the entire facility, the Union recently won a bid to organize a “micro-unit” limited to a group of flight line technicians and inspectors.
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A recent decision by an administrative law judge concerning the policies in the employee handbook of a nonunion real estate management company, takes an expansive view of what constitutes “concerted activity” under the NLRA and which employer policies could be interpreted to obstruct employees’ right to engage in concerted activity.
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On March 6, 2017, an administrative law judge found that a nonunion automotive manufacturing facility in Alabama violated Section 8(a)(1) of the National Labor Relations Act when it terminated three employees who walked off the job over a holiday-season scheduling dispute.
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Earlier this month, a large coalition of trade groups filed a brief with the D.C. Circuit arguing that the NLRB’s decision in the Volkswagen challenge, allowing a union election in a “micro-unit” of maintenance workers at the company’s Chattanooga, Tennessee, auto manufacturing plant, should be rejected.
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