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From the category archives: GA - NLRB
ABC’s General Counsel, Maury Baskin of Littler Mendelson, Washington, D.C., argued against the National Labor Relations Board’s (NLRB) controversial “ambush” election final rule on March 3. Baskin argued against the rule, also known as Representation-Case Procedures, in the 5th Circuit Court of Appeals, New Orleans, La. on behalf of ABC of Texas, the Central Texas Chapter of ABC and the National Federation of Independent Business (NFIB). A ruling in the case is expected in the late spring or early summer.
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On Feb. 17, ABC sent a letter to the U.S. House of Representatives Committee on Appropriations Subcommittee on Health and Human Services, Education, and Related Agencies Chairman Tom Cole (R-Okla.) and Ranking Member Rosa DeLauro (D-Conn.) expressing concern over several regulations issued by the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB).
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On Jan. 20, the U.S. Department of Labor (DOL), Wage and Hour Division Administrator David Weil released a detailed Administrator’s Interpretation (AI) and related guidance on the definition of joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The new DOL guidance comes on the heels of recent, controversial expansion of the joint employer definition by the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA). According to the new DOL guidance, joint employment occurs “when an employee is employed by two (or more) employers such that the employers are responsible, both individually and jointly, to the employee for compliance with a statute.” In keeping with this broad definition, the AI provides multifactor tests to assist with the identification of horizontal and vertical joint employment, its two most common forms. The AI also gives examples of several industries, including construction, in which joint employment is likely to arise (e.g., workers who work for a sub-contractor and possibly a general contractor).
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In its Jan. 29 decision in Guardsmark, LLC, the National Labor Relations Board (NLRB) extended its restriction on captive-audience meetings in the run up to a mail ballot union election by an additional 24 hours. Captive-audience meetings occur when an employer holds a group campaign meeting with employee voters during work hours to oppose union representation. The NLRB prohibits these meetings in the 24 hours leading up to the “scheduled time for conducting” a manual election; however, the NLRB had not imposed a similar preliminary ban in mail ballot elections until the Guardsmark decision.
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ABC is encouraging all members to call on their Senators and Representatives to co-sponsor and support the “Protecting Local Business Opportunity Act” (S. 2015/ H.R. 3459). This important legislation will help provide additional stability for contractors, subcontractors and their employees by restoring the 30 year old “joint employer” standard, encouraging local business ownership and employee opportunity.
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A group of lawmakers Sept. 9 introduced ABC-supported legislation to help restore the “joint employer” standard under the National Labor Relations Act that has been in place for over 30 years. The standard was overturned by the National Labor Relations Board (NLRB) in its Aug. 27 ruling in the Browning-Ferris Industries of California case.
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ABC released a statement in response to the National Labor Relations Board’s Aug. 27 ruling in the Browning-Ferris Industries of California case, which redefines who qualifies as a “joint employer” under the National Labor Relations Act. ABC has been a vocal opponent of these changes for potentially imposing unnecessary barriers to and burdens on contractor and subcontractor relationships throughout the construction industry.
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A joint resolution to halt the National Labor Relations Board’s (NLRB) controversial ambush election rule passed the U.S. Senate March 4 by a vote of (53-46) after being introduced by Sen. Lamar Alexander (R-Tenn.), ABC supported the bill, and sent a letter to each Senator urging its passage and informing them that ABC would consider the vote as a key vote on its 114th Congressional Scorecard.
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A group of Congressmen Feb. 9 wrote a joint resolution Feb. 9 that would stop the implementation of the National Labor Relations Board (NLRB) ambush election rule. The resolution was introduced by Sen. Lamar Alexander (R-Tenn.) and Rep. John Kline (R-Minn.), with the support of House Speaker John Boehner (R-Ohio) and Senate Majority Leader Mitch McConnell (R-Ky.). Sen. Alexander is chairman of the U.S. Senate Committee on Health, Education, Labor and Pensions and Rep. Kline is chairman of the U.S. House of Representatives Committee on Education.
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ABC of Texas and the Central Texas Chapter of ABC filed a lawsuit Jan. 13 challenging the National Labor Relations Board’s (NLRB) ambush election final rule. The suit was filed jointly with the National Federation of Independent Business (NFIB) Texas in the U.S. District Court for the Western District of Texas.
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