On Tuesday, the National Labor Relations Board (NLRB) in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, (Care One) issued a decision overturning the controversial Total Security Management decision....more
On April 1, 2020, the National Labor Relations Board (NLRB) finalized a series of highly anticipated additional amendments to its union election procedures. The final rule, which can be found here targets the following three...more
On June 14, 2019, the National Labor Relations Board (the “Board”) overturned its long-standing ‘public spaces’ exception that allowed nonemployee union representatives access to employer-owned public spaces so long as those...more
On March 14, 2018, leaders from the Service Employees International Union, the United Auto Workers, the American Federation of Teachers, and UNITE HERE announced a new coalition to organize graduate students at private...more
Yesterday, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors. In Hy-Brand, issued in December, the Board overturned the controversial joint employer standards...more
2/27/2018
/ Browning-Ferris Industries of California Inc. ,
Control Test ,
Deregulation ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Vacated
Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the...more
12/20/2017
/ Bargaining Units ,
Collective Bargaining ,
Deregulation ,
DuPont ,
NLRA ,
NLRB ,
Raytheon ,
Regulatory Oversight ,
Regulatory Reform ,
Specialty Healthcare ,
Unions
Because the National Labor Relations Board (NLRB) is made up of members appointed by the President, Board law shifts as administrations change. Recently, the U.S. Senate confirmed two Republicans to the Board, resulting in a...more
12/14/2017
/ Administrative Appointments ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Presidential Appointments ,
Quickie Election Rules ,
Regulatory Oversight ,
Regulatory Standards ,
Trump Administration ,
Unfair Labor Practices ,
Unions
With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from...more
In what will come as no surprise to even the most casual labor law observer, last Friday an Acting Regional Director for the National Labor Relations Board created a new inroad for unions to organize undergraduate resident...more
In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...more
4/12/2017
/ Collective Bargaining ,
Faculty ,
First Amendment ,
Jurisdiction ,
NLRA ,
NLRB ,
Pacific Lutheran University ,
Religious Institutions ,
Religious Schools ,
Unions ,
Universities
The National Labor Relations Board’s General Counsel is an important position. The General Counsel is, among other things, the NLRB’s chief prosecutor and sets the Agency’s prosecutorial agenda. The GC is appointed by the...more
Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more
2/10/2017
/ College Athletes ,
Colleges ,
Employees ,
Football ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Northwestern University ,
Pacific Lutheran University ,
Section 7 ,
Unfair Labor Practices ,
Unions ,
Universities
In what will come as no surprise to even the most casual labor law observer, yesterday the National Labor Relations Board jettisoned established precedent and granted teaching assistants and other student assistants at...more
8/24/2016
/ Bargaining Units ,
Brown University ,
Colleges ,
Educational Institutions ,
NLRA ,
NLRB ,
Popular ,
Student Employees ,
Teachers ,
Unions ,
Universities
Two recent cases, one from the National Labor Relations Board, and one from a federal court of appeals enforcing an NLRB decision, highlight the risk an employer runs when it seeks to prohibit its employees from wearing...more
The National Labor Relations Board conducts representation elections by manual voting, where voters cast their ballots in a voting booth, by mail voting, where voters mail their ballots to an NLRB regional office, or a...more
Union organizing directed at religious college and university faculties has gained momentum since the National Labor Relations Board (“Board”) issued its decision in Pacific Lutheran University (“PLU”) in 2014. In PLU, the...more
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
On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more
10/29/2015
/ Defamation ,
Employment Policies ,
Facebook ,
Hiring & Firing ,
NLRA ,
NLRB ,
Online Platforms ,
Protected Concerted Activity ,
Social Media ,
Social Media Policy ,
Social Networks
As we reported earlier, on December 15, 2014, the National Labor Relations Board (NLRB) adopted a Final Rule that modified its processing of representation cases. See, 79 Fed. Reg. at 74308. As part of this rule, the NLRB...more