126 results for "August 2 2011"
Page 5 of 6
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...168/Tuesday, August 30, 2011/Rules and Regulations
54039
entitled to deference under the analysis
set forth in Chevron U.S.A, Inc. v.
Natural Resources Defense Council,
Inc., 467 U.S. 837 (1984). Under
Chevron, where Congress has not
“directly addressed the precise question
at issue,”’ id. at 842...
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...168/Tuesday, August 30, 2011/Rules and Regulations
provision, it did not include two
additional provisions that the Board
declared were necessary to prevent
“unlawful encouragement of union
membership.” The Court disagreed,
stating
Perhaps the conditions which the Board
attaches to hiring-hall arrangements will in
time appeal to the...
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...168/Tuesday, August 30, 2011/Rules and Regulations
IL Authority
Section 6 of the NLRA, 29 U.S.C. 156,
provides that ‘“The Board shall have
authority from time to time to make,
amend, and rescind, in the manner
prescribed by the Administrative
Procedure Act [5 U.S.C. 553...
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...And did you know in March of 2011 that your husband had
been in fact arrested and convicted a number of times?
A. Yes, Sir.
1 voir dire commenced a year ago on March 1, because that was his
2 birthday.
3 Q. Now, another question that was asked of...
DOJ-OGR-00009261.jpg
...And did you know in March of 2011 that your husband had
been in fact arrested and convicted a number of times?
A. Yes, Sir.
1 voir dire commenced a year ago on March 1, because that was his
2 birthday.
3 Q. Now, another question that was asked of...
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...168/Tuesday, August 30, 2011/Rules and Regulations
54041
on substantial evidence, nor does it
provide a satisfactory explanation for
the choice they have made. They
contend that a mandatory notice posting
rule enforceable through Section 8(a)(1)
is needed because they believe that most
employees are unaware of...
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...168/Tuesday, August 30, 2011/Rules and Regulations
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 104
RIN 3142-AA07
Notification of Employee Rights Under
the National Labor Relations Act
AGENCY: National Labor Relations
Board.
ACTION: Final rule.
SUMMARY: On December 22, 2010, the
National Labor Relations Board (Board)
issued a...
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...168/Tuesday, August 30, 2011/Rules and Regulations
54047
employees concerning personnel rules
or policies are customarily posted.
Where 20 percent or more of an
employer’s workforce is not proficient
in English and speaks a language other
than English, the employer must post
the notice in the language employees...
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...168/Tuesday, August 30, 2011/Rules and Regulations
16, 1949), promulgating 29 CFR 516.18,
the predecessor to 29 CFR 516.4.
5. The Teamsters 357 Decision
In response to the NPRM, the U.S.
Chamber of Commerce submitted a
comment that questions “‘how the
proposal can be said to...
HOUSE_OVERSIGHT_014614.jpg
...Cochrane, “Ending
America’s Slow-Growth
Tailspin,” Wall Street Journal,
ay 2, 2016.
artin Wolf, “New President
as an Economic In-Tray Full
Problems,” Financial Times,
avember 8, 2016.
ichael Heath, “Summers
Urges U.S. ta Spend 1% of GDP
Annually on Infrastructure,”
Bloomberg, October 18, 2016.
Robert J. Gordon...
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...168/Tuesday, August 30, 2011/Rules and Regulations
54045
Some comments assert that the
content of the notice will prompt
employee questions, which managers
and supervisors will have to answer,
and be trained to answer, and that the
Board failed to account for the cost of
such training and discussions...
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...168/Tuesday, August 30, 2011/Rules and Regulations
54009
in a Wagner Act-era Senate hearing, as
cited by Americans for Limited
Government (ALG), in which it was
acknowledged that the language of
Section 6 indeed grants “broad powers”
to the Board.?7
And in January of this year, a...
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...168/Tuesday, August 30, 2011/Rules and Regulations
54015
NLRA; the high percentage of
immigrants in the labor force, who are
likely to be unfamiliar with workplace
rights in the United States; studies
indicating that employees and high
school students about to enter the work
force are generally uninformed about...
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...168/Tuesday, August 30, 2011/Rules and Regulations
example, they ask whether an employer
that occasionally uses text messaging or
Twitter to communicate with employees
would have to use those technologies
and, if so, how they would be able to
comply with the rule, in view of the
length restrictions...
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...168/Tuesday, August 30, 2011/Rules and Regulations
54027
confusion for many employees.
Currently, the language in the notice
tracks statutory language and provides
only the list of employees excluded
from coverage. As a result, those
employees not listed under the
exclusions will reasonably believe they
are covered employees under...
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...168/Tuesday, August 30, 2011/Rules and Regulations
Another comment argues that the
illegal union conduct portion of the
notice fails to fully inform employees of
their rights as union members.1°9 In
contrast, another comment states a
different position—that the list of illegal
union conduct “ostensibly relates...
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...168/Tuesday, August 30, 2011/Rules and Regulations
54049
are required to bargain in good faith ina
genuine effort to reach a written, binding
agreement setting your terms and conditions
of employment. The union is required to
fairly represent you in bargaining and
enforcing the agreement.
“Tegal conduct will not...
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...168/Tuesday, August 30, 2011/Rules and Regulations
effective date of the rule is 75 days after
publication in the Federal Register.21%
List of Subjects in 29 CFR Part 104
Administrative practice and
procedure, Employee rights, Labor
unions.
Text of Final Rule
Accordingly, a new part 104 is added...
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...168/Tuesday, August 30, 2011/Rules and Regulations
Statutory Authority, below, the Board
believes that it has been Congressionally
authorized to make this regulatory
decision in the interests of carrying out
the provisions of the Act.
Many comments argue that the Board
should heed the use of the word
“necessary...
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...168/Tuesday, August 30, 2011/Rules and Regulations
54019
The proposed Appendix to Subpart A
included Board contact information and
basic enforcement procedures to enable
employees to learn more about their
NLRA rights and how to enforce them.
Thus, the required notice confirmed that
unlawful conduct will not be permitted...
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...168/Tuesday, August 30, 2011/Rules and Regulations
Enterprises further maintains that the
requirement to ensure that the notice is
conspicuous and not altered or defaced
imposes an unnecessary burden on
employers. Caremaster Medical
Services’ comment asks whether
periodic inspections of the notices will
be conducted and, if so, by...
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...168/Tuesday, August 30, 2011/Rules and Regulations
Some comments argue that the
Board’s notice posting rule does not go
far enough to effectuate the NLRA. One
labor attorney argues that the Board
should require annual trainings for
supervisors and captive audience
meetings where employees are read
their rights...
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...168/Tuesday, August 30, 2011/Rules and Regulations
54031
institutions should be excluded from
coverage if they are nonprofit and hold
themselves out to the public as being
religious.
The Board examines jurisdictional
issues on a case-by-case basis, and the
Board’s jurisdiction jurisprudence is
highly complex. The...
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...168/Tuesday, August 30, 2011/Rules and Regulations
54013
But even if the new rule is understood
to compel employer speech, Section 8(c)
““merely implements the First
Amendment.” Brown, 554 U.S. at 67
(quoting NLEB v. Gissel Packing Co.,
395 U.S. 575, 617 (1969)). Thus, if a...
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...168/Tuesday, August 30, 2011/Rules and Regulations
will not have a significant economic
impact on a substantial number of small
entities. 5 U.S.C. 605(b) (emphasis
added). The Board understands the
“economic impact of * * * the rule’ to
refer to the costs to affected entities of
complying with...
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