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D.C. Circuit Decision Clouds Joint Employer Battle

At the end of December, the U.S. Court of Appeals for the District of Columbia Circuit upheld a 2015 National Labor Relations Board (NLRB) decision that established a broad test for determining whether two entities could be...more

NLRB Adopts New Test for Evaluating Workplace Policies

On the eve of former Chairman Philip Miscimarra's departure from the National Labor Relations Board (NLRB), the Board Thursday created a new test for determining the lawfulness of workplace policies, overturning the test...more

NLRB Rolls Back "Browning-Ferris" Joint Employer Test

The National Labor Relations Board (NLRB) yesterday overruled Browning-Ferris Industries of California, Inc., an Obama-era decision that expanded the doctrine of joint employment under the National Labor Relations Act (NLRA)....more

New NLRB General Counsel Signals Major Shift Away From Obama-Era Board Policies

The National Labor Relations Board (NLRB) Office of the General Counsel (GC) has signaled in a sweeping memorandum that the agency, under the Trump administration, is likely to reconsider and reverse many of its...more

T-Mobile Ordered to Dismantle Company-Controlled "Union"

Notwithstanding the change in administrations, the National Labor Relations Board (NLRB) continues to be active in the non-unionized workplace, giving employers another reason to carefully review policies that affect workers,...more

Website Urges Employees to Form Unions

In a move designed to aid unionization efforts, union activists have launched Unionizeme.org—with the stated goal of ending poverty for employees at large companies through unionization. The website—which generally targets...more

NLRB: Student Assistants Now Employees Entitled to Unionize

The National Labor Relations Board has ruled in a 3-1 decision that graduate students at private, nonprofit higher education institutions "who perform services at a university in connection with their studies are statutory...more

NLRB Reverses Precedent on Permanent Replacements for Striking Workers

The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more

Electronic Signatures OK for Organizing Efforts, NLRB Says

In a memorandum issued this week, the general counsel of the National Labor Relations Board (NLRB) announced that it will accept electronic signatures to support a showing of interest related to a union organizing campaign...more

9/4/2015  /  E-Signatures , NLRB , Union Elections , Unions

NLRB Adopts New Joint Employer Standard

The National Labor Relations Board (NLRB) handed organized labor a major victory that in certain contexts will likely give unions significantly increased leverage at the bargaining table in a landmark ruling issued on...more

Northwestern University Football Players Can’t Form Union, NLRB Says and Refuses to Determine if They Are “Employees”

Northwestern University football players cannot form a union, the National Labor Relations Board (NLRB or Board) decided today. The NLRB based its ruling on its duty to maintain stability in labor relations and notably...more

Recent NLRB Grad Student Union Decisions Suggest Interest in Reviewing Brown University

The National Labor Relations Board (NLRB) recently released two unpublished decisions that boosted unionization efforts by teaching and research assistants at private universities. The decisions, issued on March 13, 2015,...more

Second NLRB Decision Issued in Ongoing Higher Education Union Organization Efforts

A regional director of the National Labor Relations Board (NLRB) recently ordered the counting of ballots that were cast in a union election by contingent faculty members at Seattle University. The votes had been impounded...more

NLRB Issues Significant Decision on Faculty Unionization

The National Labor Relations Board (Board) recently ruled that it would assert jurisdiction over Pacific Lutheran University's (PLU’s) full-time contingent faculty members. In the context of a union's attempt to organize...more

NLRB Issues Final Rule on Representation-Case Procedures

Friday, the National Labor Relations Board (NLRB) issued a final representation-case procedures rule. This rule follows yesterday’s decision in Purple Communications Inc., where the NLRB held that employees may use their...more

NLRB Holds College Football Players Are Employees, Can Unionize

The Regional Director for Region 13 of the National Labor Relations Board (NLRB) held today that all grant-in-aid scholarship players for Northwestern University's football team are "employees" under the National Labor...more

3/27/2014  /  Athletes , College Athletes , NLRB , Students , Unions

Student Athletes’ NLRB Petition Looms Large for Colleges and Universities

A group of Northwestern University football players recently filed a petition with the National Labor Relations Board (NLRB) seeking to be represented by a labor union. Although this request is the first of its kind, it...more

2/7/2014  /  Athletes , Colleges , NLRB , Students , Unions , Universities

D.C. Circuit Upholds NLRB Requirement that Employer Give Union Sensitive Information

The U.S. Court of Appeals for the District of Columbia Circuit recently upheld a controversial National Labor Relations Board ruling that required an employer to provide a union with sensitive information about customers and...more

12/7/2012  /  NLRB , Unions

NLRB Expands Employers’ Duty To Respond to Union Requests for ‘Presumptively Relevant’ Information

A National Labor Relations Board panel recently found that an employer has a good-faith duty under the National Labor Relations Act to respond in a reasonably timely manner to a union request for “presumptively relevant”...more

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