David P. Phippen

David P. Phippen

Constangy, Brooks, Smith & Prophete, LLP

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NLRB Changes Joint Employment Standard, with Far-Reaching Implications for Employers

Last week, the National Labor Relations Board issued its long-awaited ruling in Browning-Ferris Industries and, as expected, changed the standard for determining joint-employer status. If the decision stands, it will...more

8/31/2015 - Control Test Joint Employers NLRA NLRB

Executive Labor Summary - July / August 2015

Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more

8/28/2015 - Administrative Procedure Act Barack Obama Collective Bargaining College Athletes Confidential Witnesses Fifth Amendment First Amendment FLSA Football Internal Investigations Joint Employers NLRA NLRB Northwestern University Pending Legislation Political Debates Protected Concerted Activity Protests Quickie Election Rules Unions Vacancies Act Witness Statements

Executive Labor Summary - April/May 2015

NLRB “quickie election” rule takes effect - On April 6, President Obama vetoed a joint resolution of Congress that sought to block the “quickie election” rule issued by the National Labor Relations Board....more

4/29/2015 - Ambush Election Rules Confidentiality Agreements Cyber Attacks Joint Employers KBR (formerly Kellogg Brown & Root) NLRA NLRB Presidential Veto SEC Unions Wal-Mart

NLRB General Counsel’s report on employee handbook rules provides some guidance . . . but employers may not like it

As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the...more

3/26/2015 - Employee Handbooks Final Guidance NLRA NLRB

Volkswagen Adopts "European-Style" Labor Engagement Policy for Chattanooga . . . But Will It Stall?

Last week, Volkswagen Group of America announced a "Community Organization Engagement" policy that will allow labor organizations to engage in what the company calls "constructive dialogue" with the company and employees at...more

11/18/2014 - Auto Manufacturers Automotive Industry Bargaining Units NLRA NLRB Popular UAW Union Membership Unions Volkswagen

Executive Labor Summary Executive Labor Summary - September/October 2014

Ebola crisis: the next big organizing issue? - Labor relations are already being affected by the Ebola crisis in the United States. On October 8 and 9, at LaGuardia Airport in New York, approximately 75 non-union...more

10/29/2014 - Airlines Ebola Employee Rights NLRA NLRB Unions

Executive Labor Summary - July/August 2014

NLRB extends Weingarten right of union representation to drug and alcohol test situations - On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented...more

8/28/2014 - Bargaining Units Civil Rights Act Drug Testing Employee Rights Macy's NLRA NLRB Title VII Unions Weingarten Rights

"Blue" Michigan Enacts Right-To-Work Law, and Unions are Seeing Red

Yesterday, amid massive protests in Lansing, Michigan became the 24th right-to-work state. Republican Governor Rick Snyder signed two1right-to-work bills into law, continuing a trend that began earlier this year with Indiana....more

12/13/2012 - NLRA Right to Work Unions

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