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Acting General Counsel releases summary of operations for FY 2012
January 14, 2013



Acting General Counsel Lafe Solomon has released a summary of activities for
the Fiscal Year 2012. Of special note:

* 93.9% of all initial elections were conducted within 56 days of the filing
of the petition.
* Initial elections in union representation elections were conducted in a
median of 38 days from the filing of the petition.
* A ... << MORE >>

Department of Labor quietly announces impending release of new "persuader
rules"
Franczek Radelet PC Douglas A. Hass
January 2 2013

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations
that would significantly narrow the DOL's interpretation of the
Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force
since 1962. Dubbed the "persuader rules," the regulations address Section
203 of the LMRDA, which, among other things, requires employers to file
reports with the DOL when ... << MORE >>

Authorship Credit: James W. Seegers and M.J. (Mike) Asensio, Baker Hostetler

The National Labor Relations Board (the "NLRB") released a number of
important decisions in late December 2012. The most significant of these
decisions, which seemingly signal continued activism by the NLRB, address
employee discipline and dues collection.

Under a process called "dues check-off," employers deduct union dues from
employees' wages during the payroll process and remit them directly to the
union. For over 50 years, the NLRB recognized the ... << MORE >>

Sacramento Business Journal by Kathy Robertson, Senior Staff Writer

Monday, December 31, 2012, 12:22pm PST

The National Labor Relations Board overturned a 50-year-old precedent this
month with a ruling that requires employers to continue collecting union
dues after a collective bargaining agreement has expired.

The Dec. 12 ruling in a case - involving Cleveland, Ohio-based WKTV-TV -
overturns a Bethlehem Steel Co. decision in 1962 that said mandatory union
membership ends when a contract runs out. ... << MORE >>

Source: goiam.org

The Boeing Company violated the National Labor Relations Act when a manager
at the plane maker's Charleston, SC assembly plant told a Boeing employee he
could not discuss union-related matters during working hours. Administrative
Law Judge William Nelson Cates ruled that Boeing could not bar employees
from talking about union matters during working time if the company allowed
discussion of non-union matters during working time.

The IAM filed an Unfair Labor Practice charge on behalf of the Boeing ... << MORE >>

By STEVEN GREENHOUSE
use/index.html> , NYTimes


MILWAUKEE - Dressed in a ski jacket to protect her from the morning chill,
Sandy Jacobs, an occupational therapist, arrived at a fading, nearly
century-old two-family home and knocked on one of the doors.

When no one answered within a few seconds, she knocked on the second one,
and suddenly Kimberly Montgomery answered the first door. Ms. Jacobs, a
member of the American Federation of Teachers, asked, ... << MORE >>

Q's: please contact your Oliver Bell, Inc. consultant or
email info@oliverbell.com

02-RD-091775

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Walmart Strike Memo Reveals Confidential Management Plans


Posted: 10/13/2012 2:18 pm Updated: 10/16/2012 8:12 pm

Walmart launched a large-scale response this week to a series of
unprecedented labor strikes, according to a confidential document obtained
by The Huffington Post.

The seven-page internal memo
, issued Oct. 8, is
intended for salaried employees only, and contains instructions on how to
respond to strikes by hourly workers ... << MORE >>

Oliver Bell, Inc. is pleased to offer this listing of recently-filed National Labor Relations Board Petitions and Charges

NLRB PETITIONS:

Armstrong ...

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Article by: KELLY YAMANOUCHI , Atlanta Journal-Constitution
ATLANTA - Two unions are teaming up to make another run at unionizing flight
attendants at Delta Air Lines, after several failed attempts by one union.

The Association of Flight Attendants and the Transport Workers Union say
they are in the early stages of planning a campaign to seek a representation
vote among Delta's more than 19,000 attendants.

The AFA has lost three elections at Delta in the past 10 years, with the
... << MORE >>

16 October 2012

Article by Katherine I. Rand
ividual_id=874620&redirectaddress=http://www.pierceatwood.com/katharinerand>
Pierce Atwood LLP

The National Labor Relations Board (NLRB) recently issued its first decision
regarding an employee's termination due to posts on Facebook. The decision,
a mixed bag for employers, demonstrates—again—the NLRB's
increasing scrutiny of personnel policies, while providing little guidance
about the outer limits of what constitutes protected concerted activity
under Section 7 of the National Labor Relations Act (NLRA).

... << MORE >>

#biglabor, #nlrb

(Jessica Hill, File/ Associated Press ) - FILE - In this Sept. 17, 2012,
file photo, Connecticut Light & Power's unionized linemen rally at the state
Capitol in Hartford, Conn. The union, which has been without a contract
since June, rallied over what they say are inadequate staffing levels. A
unionized job once meant a secure path to a middle class life. Labor unions
are still big political players. But they have seen a steady decline in
membership and clout since ... << MORE >>

cid:image006.png@01CDAAB7.F9771340

CBC News Posted: Oct 15, 2012 7:47 AM ET



CAW president Ken Lewenza said a new approach to organized labour is
required in light of what he calls the government's attack on unions. (CBC)


CAW members vote to merge into super-union with CEP Members of the
Communications, Energy and Paperworkers Union of Canada are meeting today in
Quebec City to vote on whether they want a super-union ... << MORE >>

BNA Snapshot

Lakeland Health Care
Assocs. v. NLRB, 11th Cir., No. 11-12000, 10/2/12

Key Holding: NLRB lacked substantial evidence to support a finding that
licensed practical nurses were nonsupervisory employees.

Key Takeaway: Majority found NLRB disregarded evidence that LPNs had
authority to discipline nursing assistants.

By Lawrence E. Dubé

The U.S. Court of Appeals for the Eleventh Circuit
held Oct. 2 that the
... << MORE >>

By Shamus Cooke

Global Research, April 10, 2011



The recent shakeup in Wisconsin is likely a preliminary tremor that predicts
a larger earthquake. And like all natural disasters, the events in Wisconsin
jolted people awake to grapple with their changed circumstances. Labor
unions suddenly realized that their fate was hanging in the balance. After
years of shrinking union power, Republicans seized the opportunity and
planned a nationally coordinated attack, aiming at the very ... << MORE >>

October 14, 2012, 4:21 p.m. ET, The Wall Street Journal
By LIAM PLEVEN and GREGORY ZUCKERMAN

Surging U.S. oil production is driving down domestic benchmark crude prices and delivering a windfall to some refiners and their investors. But the oil boom is providing little relief for consumers at the pump.

Some Midwest refineries including HollyFrontier Corp. have benefited from surging U.S. oil production. Above, a HollyFrontier refinery in Tulsa, Okla.

U.S. crude production ...

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Crews work on a Dreamliner on the floor of the 787 final assembly plant in
North Charleston. (Photo/Leslie Burden)
Crews work on a Dreamliner on the floor of the 787 final assembly plant in
North Charleston. (Photo/Leslie Burden)

By Matt Tomsic
www.charlestonbusiness.com/news/45506-machinists-union-mass-mails-boe
ing-s-c-employees

mtomsic@scbiznews.com
Published Oct. 10, 2012

The International Association of Machinists and Aerospace Workers
is hosting a meeting for Boeing South Carolina
... << MORE >>

Two unions that won elections at two El Paso hospitals in 2010 are now trying to get nurses and other workers from Providence Memorial Hospital and Sierra Medical Center to join them.

The National Nurses Organizing Committee-Texas, a part of National Nurses United, has a union election scheduled at Sierra today, and ...

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You will recall last June 22, 2011, the National Labor Relations Board (NLRB) proposed a rule that would alter the union election process and in my opinion, have an adverse impact on employees across the United States. I personally testified to the NLRB in Washington DC that this proposed rule, RIN 3142-AA08, seems to be a clear contradiction to Congressional intent as they refused to endorse similar changes in the failed Employee Free Choice Act legislation last year. In addition to hearing 66 testimonies, the NLRB received more than 65,000 written comments on ...

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As 2011 comes to a close, labor and employee relations teams everywhere are preparing to conduct their 2012 employee opinion surveys, climate assessments and focus groups. Employers want to pinpoint what makes employee morale surge and what makes employee morale plummet. The consultants of labor relations consulting firm, Oliver Bell, Inc., will be the first to tell you, however, that many employers are missing the most critical step in this process and thereby shooting themselves ...

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Houston, Texas - September 20, 2011

 

Oliver Bell, founder of the Texas Labor & Employee Relations Consortium (TLERC), announced today that former National Labor Relations Board (NLRB) member Peter Kirsanow will join former Deputy Secretary of Labor Andrew Siff as featured presenters at the October 6th TLERC meeting.   The Houston meeting will be hosted by ...

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Oliver Bell, Inc. Warns Employers that Non-compliance with proposed reporting changes in the Labor Management Reporting and Disclosure Act (LMRDA) could carry stiff penalties, including prison time for your top executives (CEO/CFO). These significant changes include mandated reporting for many common human resource activities. This proposal is flying under the radar and receiving little public comment. The impact of these proposed changes is a labor relations game-changer.

Austin, Texas (PRWEB) September 01, 2011

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If you would like to read my statement to the NLRB, please click here.
... << MORE >>

Today â€" I had the opportunity to present the position of our consulting firm and the Texas Labor & Employee Relations Consortium on the proposed rule changes to union election by the National Labor Relations.

First, the presenters/in-person meeting attendees represented a who’s who in labor relations from, unions, the legal arena, consulting, and association/advocacy groups. Several former Board members presented including Marshall Babson and Peter Kirsanow. Senior union officials from the AFL-CIO were present as well. I ran into key leaders from the American Hospital Association, National Association of Manufacturing and ... << MORE >>

Oliver J. Bell, a leading labor relations consultant, is one of about 60 individuals selected to participate in a National Labor Relations Board (NLRB) hearing process on July 18th -19th to offer public comments regarding recent proposed changes in the union election process.

Austin, TX (PRWEB) July 12, 2011

Oliver J. Bell, CEO of Oliver Bell, Inc. and founder of the Texas Labor & Employee Relations Consortium believes that despite political pressure, the NLRB must resist indulging the special interests of ...

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Over the last two weeks, we have witnessed the face off in Wisconsin over taxpayer interests and union interests. Is the Governor a "budget balancer" or a "union buster?" We say he is not a union buster. He seems to be genuinely focused on balancing the state budget. In our next newsletter (Issue 6) - we will give the real definition of a union buster. None of the politicians (Governors) that are currently trying to reign in spending to protect the public interest over that of a non-government, private interest (the unions), is really attempting to end unionization. ... << MORE >>

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Many of you are following the budget challenges and labor unrest in Wisconsin. The popular media question:  Is the Governor balancing the budget or union busting? 

 

From all the information we have reviewed... he is balancing the budget but his approach has a significant impact on labor. The real issue is are his actions justified and/or reasonable under the circumstances?  Depending on who you listen to, the answer varies. If you accept his (the Governor's) argument ...

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Our press release on the proposed NLRB rule change to post unionization
rites has appeared in a 540,000 media feeds or Web pages. Remember Tuesday
Feb 22nd is the last day to comment.



We will continue our efforts to bring valued information to all our friends,
clients and subscribers. Have a great President's Day!







... << MORE >>

The 5th Issue of my newsletter, "One-on-One with Oliver Bell, is out." In
just over a month we have doubled our readership. We have a new contest to
see if we can double again by March 25th. If double by that date, we will
have a drawing and award $100 gift cards to five of our subscribers. If you
want to sign up for my newsletter, click on this link and enter your email
address
visitor.r20.constantcontact.com/manage/optin/ea?v=0019B7nScTAp-W7jvty
1qc91g==

... << MORE >>

Hey All:



Yesterday, we sent out a press release on the NLRB proposed rule change
that would require employers to post notice on unionization rights. In a
very short time frame, we had the release or information related to the
release viewed over 190,000 times. We think that is pretty good.
Regardless of your opinion on the issue, we encourage employers to comment.
You will be affected by the NLRB change if it goes into effect. The OFCCP ... << MORE >>

The National Labor Relations Board (NLRB) had said it would sue Arizona, South Carolina, South Dakota, and Utah to stop them from enforcing new anti-card check state constitutional amendments. Now, the NLRB has made an about face saying it can resolve the issues outside of court. This is a major change in positioning.  

The four states seemed to be pleased with this change and generally believe the NLRB will wait for court or legislative action. As we stand today, the law requires an NLRB supervised secret ballot election before a union can ... << MORE >>

Does Craig Becker, who recently received a recess appointment to the National Labor Relations Board (NLRB), have any conflict of interests in ruling on labor issues?  Many say…YES. Mr. Becker is labor attorney who has worked for the SEIU and the AFL-CIO. As a new member of the board, he is expected to refrain from participating on issues that his former clients or employer may be directly involved. By most legal standards, failure to do this is a conflict of interest.  

Mr. Becker’s recess appointment expires at the end of 2011. Until ... << MORE >>

Negative media, shaming the target, political pressure… all are part of an activity known as the “Corporate Campaign.”  Corporate Campaigns are a tool used by organized labor to try to force employers to submit to their agenda. Typically their agenda is organizing the targeted employer’s workforce.  Why is this important to know?  In 2011, there will be an increase in these actions.  

Which unions will undertake significant Corporate Campaigns?  The UAW will push hard as it goes after transnational automakers and parts suppliers. The UFCW will increase its efforts against Wal-Mart ... << MORE >>

Are you using social media?  Unions are!  Unions are very active in seeking different means to organize. Social networking is a growing phenomenon. The savvy are jumping on board. According to the AFL-CIO Blog, on February 13th there will be a unique training conference. “Organizing 2.0 is an annual training conference in New York City for union movement organizers and social justice activists. It’s set for Feb. 13 at the City University of New York (CUNY) Murphy Institute.”  Organizing 2.0 co-founders are Charles Lenchner and Elana Levin, co-founders of Organizing 2.0. Ms. Levin is also the Director ... << MORE >>

U.S. Senator Jim DeMint (R-South Carolina) has introduced the Secret Ballot Protection Act (SBPA). He was joined by 17 co-sponsors. This legislation is designed to guarantee the right of all workers to have a secret ballot election if a union is seeking to represent employees in the workplace. It would end card check recognition of unions absent an employee vote. Why is this important?  

As many of you know, organized labor has communicated a strong desire to circumvent the election process completely. That was the purpose of the now dead Employee Free ... << MORE >>

Background:  The date was January 27th. The site is Ohio. The event is representation elections at 12+ hospitals and long term care facilities. The union is the Service Employees International Union (SEIU). The employer is Catholic Healthcare Partners (CHP). About 6,500 employees were eligible to vote...

The outcome:  Employees in 38 of 43 professional and non-professional bargaining units rejected SEIU representation. Only four bargaining units voted in favor of SEIU representation. 1 voting unit was tied with 1 challenge ballot to determine the outcome. In cases where the vote is tied, the union ... << MORE >>

The Transportation Security Administration (TSA) will allow limited collective bargaining rights for transportation security officers. This is a huge win for the labor unions that have been lobbying for this namely, the American Federation of Government Employees (AFGE) and the National Treasury Employees Union (NTEU). These two unions have been in a head to head competition to be the primary union for TSA staffers. The proposed election will take place in March/April 2011.

What’s the prize… 50,000 employees working at airport security screening locations. This is currently the largest single organizing effort in ... << MORE >>

On Thursday, February 3rd, The International Brotherhood of Teamsters (IBT) announced its plan to organize all fleet service workers at United Airlines. United is the largest domestic airline after its merger with Continental.  
Last February, about 7,500 fleet service workers at Continental voted for IBT representation. They recently approved their first contract. Now the Teamsters will pursue the legacy United ramp workers. Some of those workers are currently represented by the International Association of Machinist (IAM). There will likely be conflict at United as the IBT and IAM fight over turf. We’ see which ... << MORE >>

For the past two years, there has been a feud between two California based unions, the Service Employees International Union – United Healthcare Workers West (SEIU-UHW) and the offshoot National Union of Healthcare Workers (NUHW). The NUHW is a splinter group that broke away from the SEIU-UHW. The NUHW has been trying to displace the SEIU at a number of employers including Catholic Healthcare West (CHW).

According to SEIU sources, NUHW officials failed to secure the minimum number of signatures required to file decertification petition that would have challenged the SEIU for the ... << MORE >>

It’s official. Employees in classifications such as emergency room technicians, certified nursing assistants, phlebotomists, pharmacy technicians and many others, at the St. Charles Medical Center in Bend, Oregon voted to be represented by Service Employees International Union Local 49 last month. The unit is has about 600 employees. The vote was very close with the union leading by 4 (255 YES -251 NO) and 34 challenge ballots after the initial vote count. The challenge ballots were determinative. When the challenges were resolved, the union prevailed.
... << MORE >>

In January, the United Automobile Workers (UAW) announced their plan to organize the workers of BMW, Honda, Hyundai, Kia, Mercedes, Nissan, Toyota and VW. Well surprise, surprise!  With membership numbers in the dumps, US Automakers still a shaky until the economy recovers, and most major foreign operations in the US operating unionfree, this is a no brainer. Who is the first target?  The union is not telling; it’s a secret!  Not really. They want them all!  

UAW membership is currently in the pits. In 1979, UAW membership was 1.5 million. Now, it ... << MORE >>

NOT!  At least in this case... In a recent California decision, an appellate court ruled an employee's emails to her lawyer about her lawsuit against the company could be used against her. The employer had a written policy that clearly stated messages sent on the employer's electronic communications system were not private. Because the employee sent the messages from her work email account, the court ruled the communications were not protected by the attorney-client privilege and could be used during the trail.

Previously in similar cases, the communication often would typically have been ... << MORE >>

Here is an eye opener for you. The case is called Thompson v. North American Stainless, LP (January 24, 2011). The United States Supreme Court, in a unanimous ruling, has decreed that an employee who was fired for his fiancée’s protected activity was likewise protected by Title VII of the Civil Rights Act of 1964.  This decision puts employers in a precarious situation. Employers must now consider any existing relationships among and between its employees before taking an employment action. This is especially true if the action could later be interpreted coercive in nature and as causing ... << MORE >>

This week's edition of the Labor Relations Update: One-on-One with Oliver Bell includes 11 articles. We touch on recent happenings in the area of Legal Rulings on EEO and Company Email. We also discuss Union Organizing and Corporate Campaigns, NLRB Activities, and the recently introduced Secret Ballot Protection Act. Click here for the newsletter.

 

 

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Had a great gift given to me this weekend. My firends at Pante Technology invited me to be their guest at Super Bowl LV. What an experience! Great people in attendance, great atmosphere for a championship, and a wonderful event! ... << MORE >>

Hi All! We are going to wait until we have a few more readers before we
refer to our followers as the "Bell Nation," but man. that sounds good.



Not traveling today because I am snow bound in Austin, Texas. if you can
believe that. Our rare, once in a blue moon winter event arrived last
night. Our snow removal plan. WAIT TILL IT MELTS! Hey it saves taxpayer
dollars and tomorrow the temperature is supposed to be around 60 ... << MORE >>

Hey everyone - Issue 3 of our Labor Relations News Letter is out. If you
are not mailing list. you can read it on our website and also sign up there.
I appreciate your comments and feedback. Have a great day!



OB



... << MORE >>

This past week, I  had the honor of  being the keynote speaker for The Salvation Army Boys & Girls Clubs of Metropolitan Houston Youth of the Year Scholarship Dinner.  I spoke to hundreds of kids and parents about the value of education, making good decisions and learning to reach for opportunity (and not just waiting for life to happen to you).

As employers, we have ...

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Many people talk about "change management" and doing it effectively. It would probably not shock you to learn that when our firm is called to assist with a labor relations situation (election, grievance resolution, climate assessment), it is often as a result of a couple of key issues. One issue is the relationship of leaders with employees. The other issue is typically change management.  

 

Mismanaged change or at a poor outcome of ...

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