NOVEMER 2015

LABOR LAW NEWS
Torres Law Group, PLLC is a leading political law firm in Arizona with a portfolio of legal services that includes political, labor and employment law. The firm provides legal advice on the formation and operation of political action committees, campaign finance issues and compliance with Department of Labor regulations on union elections, including improper use of social media. It also represents employees who have been wrongly terminated, especially those cover by whistleblower protections. Learn More

Region 28 Cases

Employee's Decertification Petition is Too Late

Case Number: 28-RD-147672, Region 28

Union: International Association of Machinists & Aerospace Workers, Local Lodge 845

Region 28 Director dismissed employee's Section 9(c) decertification petition seeking to decertify Union as collective bargaining representative of the unit made up of 120 employees including operational support employees, laundry operators, dry cleaning operators, alterations, drivers, and maintenance technicians. The Director dismissed the decertification petition because it was untimely filed and thus was blocked due to a contract signed the week before. The Director found that a final agreement existed between the parties one week before the filing of the decertification petition. The Director found the agreement to be signed and finalized, and that it contained substantial terms and conditions of employment sufficient to stabilize the parties relationship.

Arbitration agreement may not cause employees to believe they can't file NLRB charges

NLRB Case 28-CA-123865, Region 28

Parties: Amex Card Services Company (subsidiary of American Express) and Erandi Acevedo, Jennifer Flynn, and Jonathan Longnecker

A three-member panel of the National Labor Relations Board found Amex violated Section 8(a)(1) of the NLRA when it maintained an arbitration policy that "requires employees, as a condition of their employment, to submit their employment-related legal claims to individual arbitration, thereby compelling employees to waive their Section 7 right to pursue such claims through class or collective action in all forums, arbitral and judicial." The Board found Amex's arbitration policy to be unlawful because employees would "reasonably believe that it waived or limited their right to file a charge with the Board or to access the Board's processes." The Board issued a cease and desist order to Amex barring it from maintaining the unlawful policies, and requiring Amex to pay Plaintiff's attorneys fees and court costs with interest.

Construction Industry Cases

Board Will Not Dismiss Petition Because Form Was Filled Out Wrong If Question of Representation Exists

Case Number: 28-RC-154093; 363 NLRB No. 24

Parties: Aria Resort and Casnio, International Union of Operating Engineers, Local 501, AFL-CIO

A three-member panel of the National Labor Relations Board dismissed a challenge by Employer who sought to dismiss Union petitioner's request for recognition because Union had not indicated on the Petition form whether it had requested recognition and whether the employer had declined to extend recognition. The Board held that dismissing the petition on such a minor technical matter would be a violation of the Boards statutory duty to resolve questions of representation. The Board also noted that such a minor technical matter could be (and in the case actually was) resolved by an amendment to the original Petition.

"Meeting of the Minds" Required Collective Bargaining Agreement to Become Finalized Contract

Case Number: 29-CB-125701; 363 NLRB No. 30

Parties: Time Warner Cable New York City, LLC and Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO

A three member panel of the National Labor Relations board dismissed a complaint alleging Time Warner violated NLRA Section 8(b)(3) when it allegedly refused to execute an agreed-upon collective bargaining agreement. By unanimous vote, the Board upheld the lower Administrative Law Judge's finding that the CBA was not agreed to by both parties because there was no meeting of the minds. The judge did not allow additional evidence to be entered because the evidence would only show the Union's mistaken belief that a meeting of the minds had occurred when in fact there continued to be no agreement.

Our Legal Team

Israel G. Torres

James E. Barton II

Saman J. Golestan

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Torres Law Group, PLLC is a Tempe-based law firm promoting the interests of Arizona's working families by advising political action committees, including several associated with building trades unions. The firm litigates a variety of matters, including Freedom of Information Act claims, election-law issues and labor disputes in state and federal court.

DISCLAIMER: The information herein is provided without any guarantees or warranties as to either accuracy or adequacy and does not represent legal advice. Do not act or rely on the information herein without the independent advice from a qualified professional. The information herein has not been approved by and does not represent either the official or the unofficial position of Torres Law Group, PLLC.