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Right to Work Laws

By Richard H. Wessels / February 9, 2017

(Fourth part of the series on the State of Labor Unions in America) Right to work laws are often misunderstood. They really do only one thing – such a law makes it illegal in that particular state for a union contract to have a provision calling for mandatory union membership. Stated another way, when a…

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Public Sector Labor Relations is Different

By Richard H. Wessels / January 11, 2017

(Third part of the series on the State of Labor Unions in America) Any analysis of private vs public sector labor relations must start with the legal underpinnings. The private sector has a long history of regulation under the National Labor Relations Act. The NLRA dates to 1935. To a degree, the NLRB is political…

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Racial Slurs Are Acceptable?

By Walter J. Liszka / January 9, 2017

In what, to the author, seems like the most illogical position for a Government Agency to take, the National Labor Relations Board is pushing the 8th Circuit to rule that racial statements made by an Employee on a picket line are protected under Federal Labor Law. The Labor Board is urging the 8th Circuit to…

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Shift Away From Private Sector Unions to Public Sector Unions

By Richard H. Wessels / November 28, 2016

(Second part of the series on the State of Labor Unions in America) Few graphs can be more dramatic than the two showing membership trends of private and public sector unions. Look at what is happening. These graphs go back to the early 1980s. If you look further back you will see that private sector…

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State of Labor Unions in America

By Wessels Sherman / October 31, 2016

ARE UNIONS DEAD? In the private sector, if they are not dead, they are in a near death condition. Latest statistics from the U.S. Department of Labor show that private sector unions now represent LESS THAN 8% of workers. A number of profound changes have occurred that have contributed to the death spiral for private…

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Two More Bad Decisions from the National Labor Relations Board Suggest That Double Standards Are Used When It Comes to Employers and Unions

By James B. Sherman / October 26, 2016

1. Employer Contesting Recently Fired, Gun-Toting Former Employee’s Presence at Union Election Site, Must Prove it Actually Affected Outcome of Election. Those who are unfamiliar with how the NLRB conducts union elections, might be surprised to learn just how particular are its procedures. Employee notices of election information – date/time/location – must be posted in…

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End of Summer Labor Law Checklist

By Richard H. Wessels / September 7, 2016

1. Defunct Labor Contract? Construction industry employers are particularly vulnerable to this issue. It may not be defunct! A typical fact pattern is that years ago the contractor signed an assent agreement which typically has language binding them to successor agreements. Later, the company assumed that the contract was stale because they had employed no…

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Unions Still On the Prowl

By Walter J. Liszka / February 18, 2015

While it has not been a topic for a great amount of discussion, unions won more representational elections in NLRB monitored elections in the first half of calendar 2014 when compared to the same period in 2013. Unions have won a little over eight (8%) percent more elections in the first half of calendar 2014…

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Department of Labor Still Very Active

By Walter J. Liszka / December 15, 2014

In October, 2014, the United States Department of Labor issued its fiscal year statistics, covering numerous Fiscal Years, in various areas of its responsibility and enforcement (Fair Labor Standards Act; Child Labor; Family Medical and Leave Act Enforcement). It is very interesting to note that these statistics clearly confirm a major increase in wage and…

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Union Membership Statistics

By Walter J. Liszka / September 30, 2014

There is a very old adage that “numbers can’t lie, but liars can figure” and that adage may be applicable to the most recent statistics issued by the United States Bureau of Labor Statistics with regard to union membership. Those “union statistics” indicate that the union membership rate – the percentage of wage and salary…

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