• CSC20logograyorangenoyear
  • CSC 2022
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • Speakers
        • Become a Speaker
        • MCLE Accreditation
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates
  • .
  • CSC 2022
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • Speakers
      • Become a Speaker
      • MCLE Accreditation
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates

December 6 – 8, 2022 |
MGM Grand, Las Vegas

Sign Up Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

Latest News

October 12, 2016

NLRB Ruling Makes Disciplining Newly Organized Employees Difficult

Latest News
October 12, 2016

NLRB Ruling Makes Disciplining Newly Organized Employees Difficult

The ruling, if it stands, will complicate compliance with National Labor Relations Board regulations.

The National Labor Relations Board (NLRB) has very specific, if sometimes confusing, requirements employers must follow when disciplining employees who have recently voted to unionize.

These rules have, with the Board’s decision in Total Security Management Illinois 1, LLC, 364 NLRB No. 106 (Aug. 26, 2016), become even more convoluted and difficult for employers.

A recent article in Employer Labor Relations Blog by Seyfarth Shaw, LLP, outlines how the ruling in this case will affect contractors and other business owners.

The NLRB’s decision “reaffirmed prospectively the Alan Ritchie doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated prospective make-whole relief including reinstatement and back pay for future violations.”

The Board’s reaffirmation becomes especially noteworthy given that the Supreme Court ruled the original Alan Ritchey formula was unacceptable.

The essence of the new ruling, according to the authors, is twofold:

  1. Employees must be provided with notice and “an opportunity to bargain” before any discretionary discipline goes into effect, and
  2. The “burden of persuasion” is on the employer to demonstrate compliance with NLRB regulations.

When an employer fails to comply with the NLRB requirements, an employee may be entitled to “reinstatement and back pay.”

Actually, as the Seyfarth Shaw article makes clear, the twists and turns required to discipline an employee “pre-first contract” are considerably more complex than outlined above.

NLRB Board Member Miscimarra, in a scathing dissent, argued that the majority decision ‘’took ‘a wrecking ball to eight decades of NLRA case law.’”

This decision is a victory for organized labor.

What this ruling means, as a practical matter, is that contractors and other employers would be well-advised to consult an attorney before taking any discretionary disciplinary actions during first-contract negotiations.

Source—

NLRB Reaffirms Alan Ritchey Doctrine with New Make-Whole Twist, Seyfarth Shaw LLP, Employer Labor Relations Blog, Sept. 29, 2016.

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

Biden Vows To Speed Environmental Reviews

WASHINGTON, D.C. – A new press release from the White House outlines a plan to release a new Permitting Action Plan to strengthen and accelerate Federal permitting and environmental reviews.

Latest News Latest NewsNews

AGC Urges End To Tariffs

ARLINGTON, VA - Prices of materials and services for nonresidential construction leaped nearly 21 percent from year-ago levels, according to an analysis by the Associated General Contractors of America of government data.

Latest News Latest NewsNews

Biden Vows To Speed Environmental Reviews

WASHINGTON, D.C. – A new press release from the White House outlines a plan to release a new Permitting Action Plan to strengthen and accelerate Federal permitting and environmental reviews.

Latest News Latest NewsNews

Pandemic Lessons Loom

LAS VEGAS – Everyone hopes the pandemic is a once-in-a-century event, but contract language never sleeps. Construction attorneys, contractors, and governments can learn from pandemic issues in a variety of ways.

Latest News Latest NewsNews

AGC Calls For Tariff Relief

AGC urged the Biden administration to relieve major cost pressures by removing remaining tariffs.

Latest News Latest NewsNews

Industry News: $125K Fine; White House Budget; Giordano Appointed

NEW YORK – New York Attorney General Letitia James announced via press release that her office secured $125,000 from a contractor who skirted diversity requirements.

Latest News Latest NewsNews

Pete Fowler Construction Services – A Problem Solver

SAN CLEMENTE, CA – After 25 years in the consulting business, the employees at Pete Fowler Construction Services (PFCS) have seen a lot. While much has changed since the San Clemente-based consulting firm opened its doors in 1997, some things r
Latest News Latest NewsNews

Supply Chain Delays: What Claim Issues Are You Seeing?

In many industries, the “supply chain” mantra is familiar and persistent. This month we continue the topic with a focus on claims specifically related to delays.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Sign Up
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2022 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   TERMS OF USE   PRIVACY POLICY