PRESIDENT OBAMA SIGNS MEMORANDUM OF DISAPPROVAL REGARDING SENATE AND HOUSE PROPOSAL ON LABOR

FROM:  THE WHITE HOUSE PRESIDENT
March 31, 2015
Remarks by the President Before Signing Memorandum of Disapproval Regarding S.J. Res.8
Oval Office
12:08 P.M. EDT

THE PRESIDENT:  Hello, everybody.  Well, I am about to sign a memorandum of disapproval.  A while back, the National Labor Relations Board, the NLRB, put forward some common-sense, modest changes to streamline the voting process for folks who wanted to join a union.  And unfortunately, the Republican Senate and House decided to put forward a proposal to reverse those changes.  I think that’s a bad idea.

Unions historically have been at the forefront of establishing things like the 40-hour work week, the weekend, elimination of child labor laws, establishing fair benefits and decent wages.  And one of the freedoms of folks here in the United States is, is that if they choose to join a union, they should be able to do so.  And we shouldn’t be making it impossible for that to happen.

So not only am I going to be signing this memorandum of disapproval; I also want to announce that in the fall we’re going to host a summit on increasing the voice and the rights of workers here in the United States.  We’ve had a terrific economic recovery.  We’re got more work to do.  We’re finally seeing wages being to tick up after many consecutive years of job growth.  Nevertheless, what’s true is, is that we’ve got record corporate profits.  Folks at the very top are doing very well.  Middle-class families and folks trying to work their way into the middle class still have some big difficulties.

And part of what we want to do is to make sure that we give workers the capacity to have their voices heard, to have some influence in the workplace, to make sure that they’re partners in building up the U.S. economy, and that growth is broad-based, and that everybody is benefitting just as everybody is contributing.  So that’s something that I’m very much looking forward to.  We’ll have a wide range of voices from the business community, from small businesses, from the workers in a wide range of fields -- academics, organizers.  Because I think that everybody here in America wants to make sure that even as the economy is growing, everybody is playing a part in that growth and everybody is sharing and contributing to that success.

So with that, let me sign this memorandum of disapproval.  Thank you very much, everybody.

END
12:11 P.M. EDT

NLRB ANNOUNCES VALERO SERVICES AGREES TO RESCIND UNLAWFUL SOCIAL MEDIA POLICY

FROM:  NATIONAL LABOR RELATIONS BOARD 
Valero Services agrees to rescind its nationwide social media policy
April 8, 2014

On April 7, 2014, Valero Services, Inc. agreed to rescind its nationwide social media policy and to post and mail a NLRB remedial notice to its employees throughout the country in response to a complaint filed by the National Labor Relations Board (NLRB). Valero Services provides employee leasing services to refineries and plants located throughout the United States, including a refinery located in Port Arthur, Texas.

The United Steelworkers of America filed an unfair labor practice charge with the NLRB Region 16, alleging that Valero Services social media policy interfered with employees’ rights to discuss their terms and conditions of employment on social media. Region 16 found merit to the allegations and issued complaint. During the hearing, Associate Chief Administrative Law Judge William N. Cates approved a settlement agreement resolving the dispute. Under the terms of the settlement, Valero Services agreed to notify employees that it will rescind its unlawful social media policy and to post NLRB notices at its 52 facilities nationwide, as well as to mail notices to employees, advising them that they will not be prohibited from using social media to discuss their terms and conditions of employment.

NLRB PROPOSES RULE CHANGES TO BETTER ADMINISTER NATIONAL LABOR RELATIONS ACT

FROM:  NATIONAL LABOR RELATIONS BOARD 
The National Labor Relations Board Proposes Amendments to Improve Representation Case Procedures
February 4, 2014

The National Labor Relations Board announced today that it is issuing proposed amendments to its rules and regulations governing representation-case procedures. In substance, the proposed amendments are identical to the representation procedure changes first proposed in June of 2011. A Notice of Proposed Rulemaking (NPRM) will appear in the Federal Register tomorrow. The proposals are intended to enable the Board to more effectively administer the National Labor Relations Act. Specifically, the NPRM presents a number of changes to the Board’s representation case procedures aimed at modernizing processes, enhancing transparency and eliminating unnecessary litigation and delay. Issuance of the proposed rule was approved by Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer. Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.

In announcing the proposals, Pearce said: “The Board is unanimous in its support for effective representation case procedures. I am pleased that all Members share a commitment to constructive dialogue, and we all agree that important issues are involved in this proposed rulemaking. With a Senate-confirmed five-member Board, I feel it is important for the Board to fully consider public comment on these proposed amendments, along with the comments we previously received in 2011. These amendments would modernize the representation case process and fulfill the promise of the National Labor Relations Act.”

“I believe that the NPRM first proposed in June of 2011 continues to best frame the issues and raises the appropriate concerns for public comment,” Pearce said. He stressed that the Board is reviewing the proposed changes with an open mind: “No final decisions have been made. We will review all of the comments filed in response to the original proposals, so the public will not have to duplicate its prior efforts in order to have those earlier comments considered. Re-issuing the 2011 proposals is the most efficient and effective rulemaking process at this time.”

“Unnecessary delay and inefficiencies hurt both employees and employers. These proposals are intended to improve the process for all parties, in all cases, whether non-union employees are seeking a union to represent them or unionized employees are seeking to decertify a union,” Pearce said. “We look forward to further exchanges of ideas to improve the processes in a way that will benefit workers, employers and all of the American people.”

The reforms the Board will propose would:

allow for electronic filing and transmission of election petitions and other documents;
ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process;

streamline pre- and post-election procedures to facilitate agreement and eliminate unnecessary litigation;

include telephone numbers and email addresses in voter lists to enable parties to the election to be able to communicate with voters using modern technology; and
consolidate all election-related appeals to the Board into a single post-election appeals process.

The previous NPRM was published on June 22, 2011. After considering the input provided in response, the Board had announced on December 22, 2011 that it was going to implement a final rule adopting some of those proposed amendments and defer the remainder for further consideration. That final rule was invalidated by a District Court ruling that it had been adopted without a validly constituted quorum. The Board’s appeal of that ruling was dismissed, pursuant to a joint stipulation, on December 9, 2013

COURT ORDERS HEALTH CARE COMPANY TO CEASE RETALIATIONS AGAINST WORKERS

FROM:  NATIONAL LABOR RELATIONS BOARD 
United States District Court for the Northern District of Ohio Eastern Division Grants Injunction Against Affinity Medical Center
February 7, 2014

On January 24, 2014, the United States District Court for the Northern District of Ohio Eastern Division granted an injunction filed by Frederick J. Calatrello, Regional Director for Region 8 (Cleveland) of the National Labor Relations Board (NLRB) against DHSC, LLD, which does business as Affinity Medical Center in Massillon, Ohio. The court found that the NLRB had reasonable cause to believe that Affinity Medical Center violated the National Labor Relations Act when the company disciplined and fired a long-tenured orthopedic nurse who was a union supporter, limited access to its property to a union representative, and refused to recognize or bargain with the National Nurses Organizing Committee (NNOC), the nurses’ recently-certified collective bargaining representative.

The court ordered Affinity to cease and desist from disciplining, discharging and reporting its employees to the State Board of Nursing because of their union activities, sympathies, or support. Further, the court ordered the company to “recognize, and upon request, bargain in good faith with the union as the exclusive collective bargaining representative of the employees concerning their wages, hours and other terms and conditions of employment.” Lastly, the company was ordered to stop imposing more onerous working conditions on employees because the employees engaged in protected concerted activities and/or union activities.

NLRB ISSUES COMPLAINT AGAINST WALMART REGARDING WORKER PROTESTERS

FROM:  NATIONAL LABOR RELATIONS BOARD 

Office of Public Affairs 202-273-1991 publicinfo@nlrb.gov www.nlrb.gov NLRB Office of the General Counsel Issues Complaint against Walmart January 15, 2014 The National Labor Relations Board (NLRB) Office of the General Counsel has issued a consolidated complaint against Walmart alleging that the company violated the rights of its employees as a result of activities surrounding employee protests in 14 states. The Office of the General Counsel informed Walmart that complaints were authorized in November of 2013, but withheld issuing the complaints to allow time for settlement discussions. The discussions have not been successful and a consolidated complaint has issued regarding some of the alleged violations of federal law. More than 60 Walmart supervisors and one corporate officer are named in the complaint. Cases were consolidated to avoid unnecessary costs or delay. Walmart must respond to the complaint by January 28, 2014. No hearing date has been set. The Office of General Counsel has authorized or issued complaints in other Walmart cases and additional charges remain under investigation.

The National Labor Relations Act guarantees the right of private sector employees to act together to try to improve their wages and working conditions with or without a union. The consolidated complaint involves more than 60 employees, 19 of whom were discharged allegedly as a result of their participation in activities protected by the National Labor Relations Act. The Office of the General Counsel alleges that Walmart violated the Act when: During two national television news broadcasts and in statements to employees at Walmart stores in California and Texas, Walmart unlawfully threatened employees with reprisal if they engaged in strikes and protests; At stores in California, Colorado, Florida, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, North Carolina, Ohio, Texas and Washington, Walmart unlawfully threatened, disciplined, and/or terminated employees for having engaged in legally protected strikes and protests; At stores in California, Florida, Missouri and Texas, Walmart unlawfully threatened, surveilled, disciplined, and/or terminated employees in anticipation of or in response to employees’ other protected concerted activities. #

NLRB GENERAL COUNSEL'S OFFICE AUTHORIZES COMPLAINTS AGAINST WALMART, NO MERIT TO OTHER CHARGES

FROM:  NATIONAL LABOR RELATIONS BOARD
NLRB Office of the General Counsel Authorizes Complaints against Walmart, Also Finds No Merit to Other Charges

The National Labor Relations Board Office of the General Counsel has investigated charges alleging that Walmart violated the rights of its employees as a result of activities surrounding employee protests. The Office of the General Counsel found merit in some of the charges and no merit in others. The Office of the General Counsel has authorized complaints on alleged violations of the National Labor Relations Act. If the parties cannot reach settlements in these cases, complaints will issue.

The Office of the General Counsel found merit to alleged violations of the National Labor Relations Act against Walmart, such as the following:

During two national television news broadcasts and in statements to employees at Walmart stores in California and Texas, Walmart unlawfully threatened employees with reprisal if they engaged in strikes and protests on November 22, 2012.
Walmart stores in California, Colorado, Florida, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, North Carolina, Ohio, Texas and Washington unlawfully threatened, disciplined, and/or terminated employees for having engaged in legally protected strikes and protests.
Walmart stores in California, Florida, Missouri and Texas unlawfully threatened, surveilled, disciplined, and/or terminated employees in anticipation of or in response to employees’ other protected concerted activities.
The Office of the General Counsel found no merit, absent appeal, to alleged violations of the National Labor Relations Act against Walmart, such as the following:

Walmart stores in Illinois and Texas did not interfere with their employees’ right to strike by telling large groups of non-employee protestors to move from Walmart’s property to public property, pursuant to a lawful Solicitation and Distribution policy, where the groups contained only a small number of employees who either did not seek to stay on Walmart’s property or were permitted to remain without non-employee protesters.
Walmart stores in California and Washington did not unlawfully change work schedules, disparately apply their policies, or otherwise coerce employees in retaliation for their exercise of statutory rights.
The National Labor Relations Act guarantees the right of private sector employees to act together to try to improve their wages and working conditions with or without a union.

THIS IS NATIONAL LABOR RIGHTS WEEK

FROM:  U.S. NATIONAL LABOR RELATIONS BOARD
NLRB and National Labor Rights Week: Working to Fulfill the Promise of the National Labor Relations Act

August 25 through August 31 is National Labor Rights Week.  Throughout the country, staff members working in regional offices of the National Labor Relations Board (NLRB) are meeting with immigrant workers, community groups, employees and employers to discuss the rights guaranteed by the National Labor Relations Act.

“We are placing a particular emphasis on educating Mexican workers employed in the United States by partnering with Mexican consulates in many communities,” said NLRB Chairman Mark Gaston Pearce.  “Along with other federal labor agencies, including the Department of Labor and the Equal Employment Opportunity Commission, we are participating in events designed to ensure that Mexican employers and workers in the United States understand their rights and obligations under American law.”

“Since its passage in 1935, the National Labor Relations Act has promised generations of workers the right to join together, with or without a union, to seek improvements and a voice in their working lives,” notes Acting NLRB General Counsel Lafe Solomon.  “But that promise can only be fulfilled if individuals understand and are able to exercise their rights under the law.”

Among the events taking place this week:

In California, NLRB Regional Directors will attend the Los Angeles and San Francisco Mexican Consulates’ opening celebration for Labor Rights Week, representatives will hold briefings on the NLRB for the Los Angeles consulate’s professional staff, and attorneys will participate in a telethon designed to provide callers with information on their rights and the agencies best suited for assisting them; in San Francisco, staff will participate in outreach programs hosted by the consulate.

In Illinois,  the Regional Director signed a Local Agreement with the Consul General of Mexico in Chicago as part of the opening ceremonies for Labor Rights Week, while Regional staff will participate in numerous events throughout the week at the consulate and throughout the community;

In New Jersey, the Regional office is participating in the Mexican Consulate’s New Brunswick Labor Week events, scheduled for August 27 and 29;

In Raleigh, North Carolina, attorneys from the Regional office will participate in a presentation at the Mexican Consulate, including an overview of the rights of employers and employees under the NLRA;

In Oregon, NLRB staff will pass out literature and meet with the public at booths in The Dalles, Portland and Woodburn;

In Philadelphia, Pennsylvania, attorneys from the Regional office will participate in a briefing sponsored by the Mexican Consulate, highlighting the work of the NLRB and responding to questions;

In Texas, Regional staff are participating in events planned in Dallas, Houston and San Antonio;

In Washington State, representatives from the NLRB Seattle office will discuss employee and employer rights and obligations at a booth located in Centro de la Raza.

“These activities around the country build on the letter of agreement I signed last month with Mexican Ambassador Eduardo Medina-Mora Icaza,” Acting General Counsel Solomon said.  “We are committed to working together to provide outreach, education, and training on the rights of workers under the National Labor Relations Act.”

“All of this week’s activities will help to guarantee the right of workers to engage in protected-concerted activity to improve their working conditions without fear of discrimination, harassment or retaliation,” Chairman Pearce said.

LABOR JUDGES LAY DOWN THE LAW

FROM: U.S. NATIONAL LABOR RELATIONS BOARD,

The National Labor Relations Board’s Division of Judges disposed of 645 cases in FY 2012, issuing 207 decisions and settling 438 cases. Half of the decisions issued within 82 days of the close of hearing and within 41 days of the receipt of briefs or submissions.

The high ratio of settlements to decisions reflects a continuing effort by the Division to encourage the resolution of cases by the parties themselves, through judges’ involvement in pre-trial conference calls and on-site meetings.

Total case intake increased slightly from the previous year, from 1,161 to 1,192. The total case intake includes all cases docketed with the Division by NLRB regional offices at the time a complaint is issued by the General Counsel. Many of the docketed cases are withdrawn or settled by the regional offices before the assignment or involvement of an NLRB judge. Absent settlement, judges conduct trials and issue initial decisions that may then be appealed to the 5-member Board.

The NLRB employed 37 Administrative Law Judges at the end of the fiscal year, compared to 40 at the end of FY 2011. All ALJ decisions are available through this page.

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U.S. DC CIRCUIT COURT OF APPEALS BLOCKS REQUIRED POSTING OF EMPLOYEE RIGHTS

FROM:  NATIONAL LABOR RELATIONS BOARD
In light of conflicting decisions at the district court level, the DC Circuit Court of Appeals has temporarily enjoined the NLRB’s rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012.

In view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.

In March, the D.C. District Court found that the agency had the authority to issue the rule. The NLRB supports that decision, but plans to appeal a separate part that raised questions about enforcement mechanisms. The agency disagrees with and will appeal last week’s decision by the South Carolina District Court, which found the NLRB lacked authority to promulgate the rule.

Chairman Mark Gaston Pearce said of the recent decisions, “We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law.”