News & Analysis as of

Bargaining Units

AB 119: What Public Employers Need to Know about their Obligations to Give Unions Access to New Employees - Information, Access...

by Best Best & Krieger LLP on

Last week Gov. Jerry Brown signed Assembly Bill 119 into law, which requires public employers to provide union representatives access to new employees during their orientations. This bill defines employee orientation as the...more

A Changing of the Guard: DC Circuit Finds that Casino Security Technicians Are “Guards” Under the NLRA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The D.C. Circuit Court of Appeals applied a broad definition of who constitutes a statutory “guard” under the NLRA, finding that security technicians at two Las Vegas casinos were guards who could not be...more

Trump NLRB Appointments May Result in Reversals of Multiple Labor Decisions

Last week, President Trump named his final appointee to the National Labor Relations Board (NLRB), giving Republicans a majority of the board’s members. Over time, this majority is likely to reverse a number of controversial...more

Proposed Changes to Ontario Employment and Labour Laws

by Dickinson Wright on

On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act...more

Canada: Ontario Government's Proposed Legislation to "Create Fairer and Better Workplaces" Includes $15 Minimum Wage and Equal Pay...

by Littler on

On May 30, 2017, the Ontario government issued its response to a Final Report recently released by two Special Advisors as part of their Changing Workplaces Review. This Report included 173 recommendations for amendments to...more

Lawmakers Re-Introduce Bill to Overturn NLRB's Micro Bargaining Unit Decision

by Littler on

As expected, Senator Johnny Isakson (R-GA) has reintroduced a bill targeting the National Labor Relations Board's decision in Specialty Healthcare, 357 NLRB No. 83 (2011). The Representation Fairness Restoration Act (S.1217)...more

Smaller Employers Targeted by Unions More Than Ever

I’ve had employers say to me that they don’t need to worry about unions because they are “too small” for unions to worry about. Well, I have some bad news about that...more

NLRB’s Micro-Union Standard May Be Set For Reversal

Change is coming. We noted recently that the administration is thinking about changing the newly adopted persuader regulations. We also know that a majority of make-up of the NLRB is likely to shift very soon, and with it...more

Employment News - May 2017 #2

by Hogan Lovells on

Wrong answer – applicant should have been allowed an alternative to multiple choice test - The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more

NLRB Regional Director Orders Union Election in a Unit of Undergraduate Employees

by Miller Canfield on

On Friday, April 21, 2017, a regional director for the National Labor Relations Board (NLRB) ordered that a union representation election must be held in a unit composed of 110 undergraduate student residential advisors at...more

17 Year Old Ruling In Representation Case Can Preclude New Claim For Employees, Divided NLRB Rules

Of all the changes to the law the NLRB has made in the last several years, the most significant involve how the agency determines bargaining units. For example, the NLRB’s decision in Specialty Healthcare drastically altered...more

Court Upholds ULP Finding Against Employer Despite Union “Gamesmanship”

by Seyfarth Shaw LLP on

An employer that withdraws recognition from a union as the exclusive bargaining agent of its employees does so, as the Board and Courts say, “at its peril.” It’s a risky move, one that requires objective evidence that a union...more

Employment News - February 2017

by Hogan Lovells on

Springing into action – start date for Trade Union Act - The Trade Union Act 2016 will come into force on 1 March 2017. The new rules apply to any industrial action for which the ballot opens (by sending out voting...more

The 2017 “Manufacturers’ Lawyer’s Shrug”

I am a really big fan of the NPR radio show, “Car Talk,” where two Boston auto mechanics took callers’ questions and tried to answer them. Since the November 8 election, I have freely adapted one of their signature phrases –...more

Fifth Circuit Upholds Micro-Bargaining Unit at Retailer, But Dissent Finds Labor Board’s Legal Standard Wanting

by Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has denied, 9-6, a retailer’s request for a rehearing of the decision of a three-judge panel of the Court upholding the National Labor Relations Board’s decision that the...more

Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its Misapplication

Last week, the U.S. Court of Appeals for the Second Circuit joined the Third, Fourth, Fifth, Sixth, Seventh, and Eighth Circuits in upholding the Board’s Specialty Healthcare standard for determining appropriate bargaining...more

Yet Another Micro-Unit Victory, NLRB Refuses to Review Decision Certifying Service Technicians-Only Bargaining Unit

by Seyfarth Shaw LLP on

In the midst of what appears to be a proliferation of “micro-units,” on Tuesday, October 18, 2016, the NLRB declined to reconsider its decision to certify a unit of 14 service technicians employed by the Buena Park Honda...more

NLRB Expands Jurisdiction in Church-Operated Schools, Distinguishing Between "Religious" and "Secular" Instruction in Faculty...

by Littler on

In two recent cases, the National Labor Relations Board distinguished between faculty members providing secular instruction and those providing religious instruction, in concluding that only those providing religious...more

So Much for Management Rights Clauses — The Board Strikes Again

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Graymont PA, Inc. the Board majority ruled that a unionized employer cannot unilaterally change rules or policies that affect bargaining unit employees even if its collective bargaining agreement...more

Newly Organized Employer Must Bargain Over Discretionary Employee Discipline Pre-First Contract, NLRB Rules

by Jackson Lewis P.C. on

Prior to entering into a first contract, an employer has a statutory obligation to bargain with the union that represents its employees before imposing discretionary “serious discipline” (such as suspension, demotion, or...more

The NLRB Opens the Door to Union Organizing Among Teaching Assistants and Other Student Assistants at Private Colleges and...

by Franczek Radelet P.C. on

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

The NLRB Eases the Way for Temporary Employees to Unionize

by Baker Donelson on

On July 11, 2016, the National Labor Relations Board (NRLB) released a decision reversing 12 years of established precedent. In Miller & Anderson, Inc., 364 NLRB No. 39 (2016), the Board held that a bargaining unit can be...more

NLRB Changes the Rules for Union Organizing Yet Again

by Varnum LLP on

On June 11, the National Labor Relations Board ("the Board") again changed the standard for determining bargaining units that combine temporary and permanent work-site employees at a single facility. In Miller & Anderson,...more

NLRB Makes It Easier for Employers with Temp Workers to Become Unionized

by Conn Maciel Carey LLP on

On July 11, 2016, the National Labor Relations Board (“Board”) reversed decade old precedent requiring consent from the host employer and a staffing agency before a union election that includes temporary employees could take...more

Reversing Precedent, NLRB Drops Consent Requirement for Mixed Bargaining Unit of Temporary and Regular Employees

by Davis Wright Tremaine LLP on

On July 11, the NLRB continued the expansion of joint-employer liability set forth in Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015) by eliminating the requirement that a union receive the consent of both the...more

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