New NLRB Policy: Offensive and Abusive Speech is No Longer Protected Activity

July 21, 2020 Washington D.C. – In a decision issued today in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), the National Labor Relations Board modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements—including profane, racist, and sexually unacceptable remarks—in the course of activity…

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APWU: June Training Webinars

The Industrial Relations Department will be holding a series of Webinars during the month of June for local leaders, stewards, and support staff. Four webinars will be held on the following topics: The Basics of APWU Search (Lexis Nexis) Electronic Grievance System (EGS) Basics Electronic Grievance System (EGS) for Administrators and Support Staff Duty of…

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Failure to keep contact info updated is not “excusable neglect”

By Elizabeth Kruska – December 27, 2019 Mr. Von Turkovich had an issue before the Labor Relations Board. He filed a grievance, and the other party filed a motion to dismiss. The motion to dismiss was granted, and Mr. Von Turkovich wanted to appeal the dismissal. But he filed too late and wanted more time…

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NLRB Restores Longstanding Arbitral Deferral Standards

December 23, 2019 – Washington DC – In a decision released today in United Parcel Service, Inc., 369 NLRB 1 (2019), the National Labor Relations Board returned to its traditional standard for post-arbitral deferral. The post-arbitral deferral standard is used by the Board to decide whether to defer to an arbitrator’s prior resolution of a…

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NLRB issues decision on APWU Information Request cases

ORDER The Respondent, United States Postal Service, Albermarle, Charlotte, Concord, Fayetteville, Huntersville, Kannapolis, Kings Mountain, and Rutherfordton, North Carolina, its officers, agents, successors, and assigns, shall 1. Cease and desist from the following in connection with the Respondent’s employees employed in the Respondent’s facilities set forth in Appendix A. (a) Refusing to bargain collectively and…

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NLRB Adopts Mandatory E-Filing Policy

Washington, DC, October 22, 2019 – The Office of the General Counsel has issued Memorandum GC 20-01, announcing a new policy requiring that all affidavits, correspondence, position statements, documentary or other evidence in connection with unfair labor practice or representation cases processed in Regional offices be submitted through the Agency’s electronic filing (e-filing) system. On…

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Two Recent NLRB Decisions of Note

Local 307, National Postal Mailhandlers Union (NPMHU) (07-CB-218938; 367 NLRB No. 144) Detroit, MI, June 4, 2019. The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint. Finding no merit in the Respondent’s assertion that it was not properly served with the complaint,…

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NLRB General Counsel Issues Clarification Memo on Duty of Fair Representation

On March 26, 2019, the NLRB General Counsel issued more instructions regarding a union’s Section 8(b)(1)(A) Duty of Fair Representation. Local unions need to be careful. “In circumstances where a union has lost track or forgotten about a grievance, ‘mere negligence’ ordinarily will not excuse the union unless it can show that it was following…

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