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What I've Been Reading This Week: Labor Law Edition


This was a great week where I found some time to read through several great articles, many on labor law related topics.  Given the increase of NLRB and labor law related issues in the news over the past few weeks, this is a good time to highlight those matters with a "Labor Law Edition" post.

As always, below are a few articles that caught my eye this week.


NLRB "Ambush" Election Rule Appears To Be Just That, An Ambush

George Miller has a good follow up on the impact of the NLRB "Ambush" Election Rule that recently went into effect earlier this year.  (NLRB "Ambush" Election Becomes a Reality).  As this article notes, the new rule has indeed shortened the time between the date of the filing of an election petition and the date of the actual election.  It goes without saying that this development has given the business community further evidence that this new rule has had an unwanted positive impact on union votes...and an incentive to be more proactive in their efforts to start campaigns to remain a non-union workplace.   


Senator Accuses NLRB and OSHA of Coordinated Effort to Change the Law

Senator Lamar Alexander of Tennessee recently accused the NLRB and OSHA of conspiring to change corporate liability law during a recent hearing.  The Senator pointed to the fact that OSHA officials apparently began instructing their regional directors to use the same "joint employer" standard that the NLRB adopted, one day before the NLRB released its ruling in the relevant case.  Unsurprisingly, Senator Alexander also recently introduced legislation to overturn the NLRB's new "joint employer" standard.  Time will tell if his attempts to link the NLRB and OSHA together (or undo the new "joint employer" standard) will actually gain any traction.



The Washington Post posted a good article and noted the success of the 'Summit on Worker Voice' that the White House hosted earlier this month.  (White House's 'Summit on Worker Voice' Set For October 7th).  At the Summit, President Obama discussed the importance of workers being "rewarded properly for the labor they put in...".  Other labor supporters, including House Democrats that attended the Summit, produced a report that showed the benefits of unions in the workplace as further evidence that giving workers a voice and a seat at the table has positive results for all involved.  Beyond simply getting good press for fighting for the middle class and involving a blue collar workforce in a spirited discussion, this Summit allowed President Obama to continue his efforts of putting labor issues at the forefront and giving unions a voice.  


Hillary Clinton Lends Support to Labor Union Rally in Las Vegas

Earlier this week, Hillary Clinton made an unannounced appearance at a labor union rally on Fashion Show Drive in Las Vegas (near Donald Trump's hotel) to lend support to the protesters and advocate for their right to organize and right to a minimum wage.  While Trump's hotel in Las Vegas has a no-union policy, the Culinary Union has been fighting for over a year to unionize workers at the hotel.  Now that Wisconsin Governor Scott Walker is out of the race, unions are not as much of a focal point of many candidates.  That is what makes Clinton's unscheduled visit all the more surprising.


Senator Bernie Sanders Proposes New Labor Union Bill

Last week, Vermont Senator Bernie Sanders announced his support of the Workplace Democracy Act which would protect employees who seek to form unions.  Given that Democrats typically receive the support of labor unions in general elections (and the fact that Sanders is fighting to get traction with Hillary running), this is a bold move to court union votes.  The Guardian article has some good insight into the uphill fight Sanders might face to win over these union votes.  Time will tell if it pays off, but Sanders is certainly playing to a traditionally Democratic base.

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