Sources: International Brotherhood of Teamsters, Washington, D.C.; CP staff Following petitioner and respondent oral arguments before the U.S. Court of Appeals for the 9th Circuit, San Francisco, the International Brotherhood of Teamsters is calling for the court to uphold the Cemex Doctrine, a ruling at the heart of Cemex Construction Materials Pacific, LLC v. NLRB. The National Labor Relations Board coined the…
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IT upgrade expedites NLRB case processing
The General Services Administration Technology Modernization Fund (TMF) announced a $23 million investment to modernize the National Labor Relations Board case management system. The funding will enable the agency to replace its outdated hardware with an advanced, cloud-based solution, dramatically improving its ability to process labor disputes efficiently. In 2023, the NLRB processed over 22,000 cases and recovered more than…
Read MoreLabor, Justice, NLRB, FTC elevate merger review coordination
Sources: U.S. Department of Labor; CP staff A new memorandum of understanding between the U.S. Departments of Labor and Justice, National Labor Relations Board and Federal Trade Commission is intended to strengthen competition by better coordinating information antitrust agencies use to evaluate potential impacts of mergers and acquisitions on labor markets. The document sets out several methods to obtain relevant…
Read MoreNLRB injects Cemex into new representation proceedings framework
Cemex Construction Materials Pacific LLC is at the center of legal proceedings likely to extend into 2024, or beyond, and determine National Labor Relations Board latitude in ordering employers to bargain with a union and holding them to a zero tolerance standard for even minor National Labor Relations Act (NLRA) violations. A new NLRB framework for determining when employers are…
Read MoreUnder Cemex, NLRB rebrands protocol for union representation proceedings
Sources: National Labor Relations Board; International Brotherhood of Teamsters, Washington, D.C.; CP staff A new National Labor Relations Board framework for determining when employers are required to bargain with unions absent a representation election was announced concurrent with a late-August decision affirming prior agency findings of unfair labor practices by Cemex Construction Materials Pacific LLC. In March 2019, mixer truck…
Read MoreIron Workers case shapes New York precast erector’s bargaining unit
National Labor Relations Board Regional Director (RD) Kathy Drew-King has determined a craft unit within the site crew of Kingston, N.Y.-based NYC Crane Hoist Operations LLC, and directed an election for its 27 members to vote on representation by the United Derrickmen & Riggers Association, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local 197. The Long Island…
Read MoreIron Workers case frames bargaining unit for Big Apple precast erector
Sources: National Labor Relations Board Region 29, Brooklyn, N.Y.; CP staff National Labor Relations Board Regional Director (RD) Kathy Drew-King has determined a craft unit within the site crew of Kingston, N.Y.-based NYC Crane Hoist Operations LLC, and directed an election for its 27 members to vote on representation by the United Derrickmen & Riggers Association, International Association of Bridge,…
Read MoreExpanded joint employer definition clouds contractor, subcontractor ties
Sources: Associated Builders & Contractors, National Association of Home Builders, Washington, D.C.; National Labor Relations Board; CP staff
Against precedent dating to 1984, a 3-2 NLRB majority redefines “joint employer” in a decision favoring an International Brotherhood of Teamsters local aiming to extend representation from a recycling station bargaining unit—equipment operators and companion staff employed by the facility’s owner—to a subcontractor whose employees perform waste sorting and related services.
Read MoreDischarged, union-wise dump and mixer driver prevails in back pay case
Sources: National Labor Relations Board; CP staff
In one of its final 2014 decisions, the NLRB adopted an administrative law judge’s order that Fairmont Heights, Md.-based Pessoa Construction Co. pay a former dump truck driver $95,000 in back wages. It settles protracted pay period and calculation proceedings triggered by an initial agency decision determining the highway contractor violated the National Labor Relations Act when it terminated William Membrino for “union activities.”
Read MoreNLRB opens employer e-mail systems to union organizers, campaigning
Sources: National Labor Relations Board; CP staff
NLRB has adopted a final Representation–Case Procedures rule to modernize and streamline representation dispute resolution, Chairman Mark Gaston Pearce noting: “With these changes, the Board strives to ensure [the] process remains a model of fairness and efficiency for all.”
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