NLRB Region 6 Pittsburgh

75 th Anniversary Logo

75 th Anniversary Website  New NLRB 75th Anniversary Website launched! History & Photos, events calendar, and trivia & games. 2 days ago reply days ago reply days ago reply

  Transportation Solutions, Inc. and General Teamsters, Chauffeurs and Helpers Local 249 a/w International Brotherhood of Teamsters.   Case 6–CA–36628   March 26, 2010   DECISION AND ORDER   BY CHAIRMAN LIEBMAN AND MEMBER SCHAUMBER

???  2/5 = Quorum  OR  “a cheerful bacchanal of subordinating conjunctions” and the meaning of “except”

Chairman Wilma Leibman  Democrat  Appointed as Chairman in 2009  Third term expires 8/27/11

Member Peter Schaumber  Republican  Was chairman in 2008  2 nd term expires 8/27/10

Member Craig Becker  Democrat  Recess appointment April 2010  If not confirmed by Congress, his appointment will expire August 2011

Member Mark G. Pearce  Democrat  Recess appointment April 2010  If not confirmed by Congress, his appointment will expire August 2011

Nominee Brian Hayes  Republican  Nominated by President Obama  Was not given a recess appointment

General Counsel Ronald  Republican  Received a recess appointment January 2006  Confirmed by the Senate August 2006  Term expires August 2010

75 th Anniversary  On July 5, 2010 the NLRB will celebrate a full 75 years of dedicated public service.  3/4 of a century of Board agents bringing democracy and fairness to the American workplace.

  A total of $77,611,322 was recovered on behalf of employees as back pay or reimbursement of fees, dues, and fines, and 1,549 employees were offered reinstatement.   Regional Offices conducted 95.5% of all initial elections within 56 days of the filing of the petition.   A 95.2% settlement rate was achieved in the Regional Offices in meritorious unfair labor practice cases.   Regional Offices won 89.8% of Board and Administrative Law Judge unfair labor practice and compliance decisions in whole or in part in FY   Agency representatives participated in over 575 outreach events. This record was achieved with an average field professional staff of 807 employees, 14 less than the 821 employees in FY 2008.

FY 2009  32 Regions and 51 Offices nationwide  1690 initial representation elections (8% decrease)  2912 R-Case intake (14% lower than FY 08)  22,941 ULP charges filed (2% increase)

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ULP Investigations

ULP Case Intake Since FY 02

ULP Trend Analysis

NLRB Elections

R-Case Intake Since FY 02

R-Case Trend Analysis

Crown Bolt, Inc. 343 NLRB 776 (2004)  Battista, Schaumber & Meisburg  Liebman and Walsh dissenting in part  Threats of plant closure if an employee votes for a union will not be presumed to be disseminated.  Overruled Spring Industries, 332 NLRB 40 (2002) Which overruled Kokomo Tube, 280 NLRB 357 (1986)

IBM Corp., 341 NLRB 1288 (2004)  Battista and Meisburg  Schaumber concurring  Leibman & Walsh dissent  Employees in a non-union workplace do not have a “Weingarten Right”  Overruled Epilepsy Foundation, 331 NLRB 676 (2000) which overruled E.I. du Pont, 289 NLRB 627 (1988)

Harborside Healthcare, Inc. 343 NLRB 906 (2004)  Battista, Schaumber & Meisburg  Liebman & Walsh dissenting  Absent mitigating circumstances, solicitation of authorization cards by a supervisor has an “inherent tendency” to coerce the employee and is objectionable conduct.

Dana Corporation Metaldyne Corporation 351 NLRB 434 (2007)  Battista, Schaumber & Kirsanow  Liebman & Walsh dissenting  Voluntary union recognition does not bar a decertification or rival union petition filed within 45 days of the notice to employees of voluntary recognition.  Overrules Keller Plastics, 157 NLRB 583 (1966).

Guard Publishing (Register Guard) 351 NLRB 434 (2007)  Battistak, Schaumber & Kirsanow  Liebman & Walsh dissenting in part  Allows adoption of a “business only” policy that allows the employer to distinguish charitable solicitations and the examination must include whether the types of s allowed prohibit Section 7 activities.

Toering Electric Company 351 NLRB 225 (2007)  Battista, Schaumber & Kirsanow  Liebman and Walsh dissenting  It is the General Counsel’s burden of proving that an applicant for employment has a genuine interest in employment to be protected.  “One cannot be denied what one does not genuinely seek”  Salting

Oakwood Care Center 343 NLRB 659 (2004)  Battista, Schaumber & Meisburg  Liebman & Walsh dissenting  Combining bargaining units of user employer jointly with supplier (temp agency) employees only appropriate if both user and supplier agrees  Overrules M.B. Sturgis 331 NLRB 1298(2000) which overruled Greenhoot, 205 NLRB 250 (1973).

The new trilogy  Supervisory issues in light of  NLRBv. Kentucky River Community Care  532 U.S. 706 (2001)

Assign, Responsibility to direct and Independent Judgment  Oakwood Healthcare, Inc. 348 NLRB 686 (2004)  Croft Metals 348 NLRB 717 (2004)  Golden Crest Healthcare Center 348 NLRB 727 (2004)

EFCA  Employee Free Choice Act Card check majority Card check majority Interest arbitration on a new contract Interest arbitration on a new contract 10(l) injunctions 10(l) injunctions Increased backpay Increased backpay

R E S P E C T Act  Proposal to narrow the term “supervisor”

Rule & Procedural Changes  RJ Petition - a joint petition that would dispense with the 30% showing of interest requirement and trigger a consent election within 28 days of filing.  Notice Requirement – enact a rule requiring employers to post workplace notices of employee rights under the NLRA at the workplace.