Amy Moor Gaylord

Amy Moor Gaylord

Franczek Radelet P.C.

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Latest Posts › NLRB


The mountain that is Specialty Healthcare: Volkswagen case typifies employers’ steep climb in NLRB unit determination cases

In its 2011 Specialty Healthcare decision, the National Labor Relations Board revised the test it applies in determining whether a union’s petitioned-for unit is appropriate. In Specialty Healthcare, the NLRB explained that...more

11/24/2015 - Corporate Counsel NLRB Overwhelming Community of Interest Specialty Healthcare Unions Volkswagen

NLRB Election Rules Update: Employers must exercise due diligence in searching for and disclosing “available” voter contact...

In April of this year, the National Labor Relations Board’s new expedited election rules went into effect. Under the new rules, employers are required to provide unions with “available” personal e-mail addresses and personal...more

10/28/2015 - Cell Phones Compliance Contacts List Disclosure Requirements Email NLRB Quickie Election Rules Unions

NLRB Poised to Reconsider Brown After Granting Review of UAW’s Petition to Organize Graduate Students at The New School

In what some are characterizing as a final effort to shape the landscape of unionization at private colleges and universities during the Obama administration, the NLRB granted the United Auto Workers’ request to review an...more

10/28/2015 - Brown University Colleges Educational Institutions NLRA NLRB Unions Universities

Contract Expired So You Want To Stop Deducting Dues From Employee Paychecks? Think Again!

On August 27, 2015, the National Labor Relations Board overturned 53 years of precedent under Bethlehem Steel, and found that going forward an employer could no longer unilaterally stop deducting union dues from employee...more

9/11/2015 - Bethlehem Steel Canning v NLRB NLRA NLRB Payroll Deductions SCOTUS Union Dues Unions Wage and Hour

Everything Old is New Again: NLRB’s Decision “Restates” Joint Employer Standard

In a landmark ruling yesterday, the National Labor Relations Board (the Board) dramatically revised its standard for determining when two businesses constitute “joint employers” for purposes of collective bargaining and...more

8/31/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Franchisee Franchisors Hiring & Firing Joint Employers McDonalds NLRA NLRB Unions Wage and Hour

NLRB’s New Election Rules Are Here to Stay

The NLRB’s “ambush” or “quickie” election rules are definitely here to stay. A federal judge in a Washington, D.C. district court rejected the U.S. Chamber of Commerce and other business groups’ challenge to the Board’s new...more

7/31/2015 - Administrative Procedure Act Ambush Election Rules NLRA NLRB Quickie Election Rules U.S. Commerce Department Unions

NLRB Punishes Employer for Past Unlawful Handbook Policies Despite Employer’s Attempt to Repudiate

In Boch Imports, Inc., the National Labor Relations Board (NLRB) found that the employer, a car dealership, violated the National Labor Relations Act because the dealership’s social media and dress code policies were...more

5/8/2015 - Corporate Counsel Dress Codes Employee Handbooks NLRB Protected Concerted Activity Section 7 Social Media Policy

Persistence Pays Off: Federal Appeals Court Rejects NLRB’s Bid for Enforcement of Employer Bargaining Order

Last week, in Ozark Auto. Distribs., Inc. v. NLRB, the D.C. Circuit rejected the National Labor Relations Board’s attempt to enforce a bargaining order against an employer who had refused to bargain with a newly certified...more

2/18/2015 - Appeals Auto Parts Automotive Industry Collective Bargaining NLRB Retailers Subpoenas Unions

NRLB Significantly Alters Framework for Analyzing Jurisdiction over Private College and University Faculty

Recently, the National Labor Relations Board (NLRB) issued its decision in Pacific Lutheran University and Services Employees International Union (Pacific Lutheran). In a ruling that could expand union formation among faculty...more

1/6/2015 - Employer Liability Issues Faculty Jurisdiction NLRA NLRB Religious Institutions Religious Schools Union Membership Unions

Under the Same Golden Arches: NLRB General Counsel Authorizes Complaints Alleging McDonald’s Corporation Is Joint Employer with...

Last week, the NLRB General Counsel’s Office authorized 43 complaints of unfair labor practices brought by McDonald’s workers, naming both the McDonald’s Corporation and its franchisees as joint employers which would hold...more

8/6/2014 - Joint Employers McDonalds NLRA NLRB Unfair Labor Practices

Which of These Things Is Not Like the Other? NLRB Finds Micro-Unit of Shoe Sales Associates Not Appropriate

On Monday, a unanimous National Labor Relations Board dismissed a union petition seeking to represent 46 shoe sales associates at a Bergdorf Goodman store in New York. This decision comes on the heels of the NLRB’s ruling...more

7/31/2014 - Bergdorf Goodman Class Action Corporate Counsel Macy's NLRB Unions Wage and Hour

The NLRB’s Year In Numbers: FY 2012

The National Labor Relations Board (NLRB) recently released its casehandling summary for fiscal year 2012, which ended September 30, 2012. Given the NLRB’s recent penchant for overturning precedent and making a lot of waves...more

1/22/2013 - NLRB

NLRB Changes Course Again, Invalidates 50 Years Of Precedent On Expired Collective Bargaining Agreements

Yesterday, the National Labor Relations Board announced a major reversal of policy, invalidating 50 years of precedent on an employer’s obligation to honor dues checkoff arrangements after the expiration of a collective...more

12/21/2012 - Collective Bargaining Dues Checkoff NLRB Union Dues Unions

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