Tag Archives: UFCW

NLRB charge alleging illegal picketing at Wal-Mart held in abeyance

The NLRB Office of General Counsel today announced that, based on specific commitments made by the United Food and Commercial Workers union, it is not necessary to decide the merits of an unfair labor practice charge filed by Wal-Mart against the UFCW.

In that charge, filed November 20, Wal-Mart alleged that the union violated the National Labor Relations Act by picketing at its stores for more than 30 days with the intent of seeking recognition for the union, without filing a petition for an election. The union, however, contended that the actions at the stores were not intended to gain union recognition, but to help employees in their efforts to have the employer commit to certain labor rights and standards.

The charge will be held in abeyance and dismissed in six months as long as the union complies with the commitments it has made. Under those commitments, described in an Advice Memorandum, the union disavowed any recognitional or organizational object and promised to maintain a disclaimer to that effect on Making Change for Wal-Mart and OUR Walmart websites. The union also promised, among other things, not to engage in any picketing or confrontational conduct which is the functional equivalent of picketing for 60 days.

via NLRB charge alleging illegal picketing at Wal-Mart held in abeyance | NLRB.

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11th Circuit Issues Major NLRA Supervisor Decision

The Eleventh Circuit  held that the National Labor Relations Board lacked substantial evidence to support its conclusion that licensed practical nurses at a Florida nursing and long-term care facility were employees rather than supervisors. Lakeland Health Care Assocs. v. NLRB, ___F.3d___( 11th Cir., No. 11-12000, 10/2/12).

Finding NLRB improperly certified a United Food and Commercial Workers Union as the bargaining representative for a unit of LPN team leaders, the majority stated that the board “meticulously excluded or disregarded” evidence indicating the LPNs were supervisors outside the protection of the NLRA.

Dissenting, Judge William H. Pryor said the court’s own precedents precluded it from “reweighing the evidence” relied on by the board.

via Adjunct Law Prof Blog: 11th Circuit Issues Major NLRA Supervisor Decision.

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Filed under employment, labor, legal decision, NLRB, union