In my introduction, I reprinted my commentary from 2005 on why private sector unions are in such a state of decline. Those factors are true today. Here is a list of the factors without my 2005 commentary: 1. Traditional base is disappearing 2. Management is far more sophisticated in countering the threat of unions 3.…

(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…

(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…

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…

(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…

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…

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…

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…

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…

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…