Collective Bargaining The National Labor Relations Act

News & Analysis as of

NLRB Continues to Allow Certain Rude and Aggressive Employee Behavior as Protected Concerted Activity

The National Labor Relations Board continues to scrutinize employer personnel decisions and workplace policies that arguably trigger the protections of § 7 of the National Labor Relations Act. Recall that this section of the...more

Where Have All the Supervisors Gone? NLRB Further Narrows Definition Under Section 2(11)

In its continuing efforts to rewrite federal labor law to benefit unions, the National Labor Relations Board (NLRB) has again narrowed the definition of “supervisor” under Section 2(11) of the National Labor Relations Act...more

NLRB to Consider Whether Grad Students at Private Universities Are “Employees” Covered by the NLRA

Whether graduate student assistants at private universities are “employees” covered by the National Labor Relations Act (NLRA) might soon be taken up (again) by the National Labor Relations Board (NLRB). Since overruling...more

Seattle Becomes First City in U.S. to Allow Uber Drivers to Unionize

In December, 2015, the Seattle City Council unanimously voted in favor of legislation that expressly permits drivers for Uber, Lyft and other ride-hailing services to unionize. Drivers for these companies, who are treated as...more

Executive Labor Summary: 2015 Wrap-Up Edition

U.S. Department of Labor moves forward with new "persuader" regulations, expected in March 2016 - As we have previously reported, the U.S. Department of Labor has long wanted to revise the "persuader" reporting rules under...more

Uber Complicated? State and Local Labor Law May Fill in Federal Gaps

Last week, Seattle passed a historic law that would allow Uber drivers – whom Uber has steadfastly maintained are independent contractors despite legal challenges – to organize, form a union, and bargain over the terms and...more

Seattle City Council Passes Union Legislative Over Mayor’s Objections

On December 14, 2015, the Seattle City Council passed a highly controversial bill purporting to allow individuals who drive for transportation network companies such as Uber and Lyft to unionize. The law would further permit...more

NRLB to Reconsider Unionization of Private College Graduate Students

Last month, the National Labor Relations Board (“NRLB”) voted 3 to 1 to reconsider whether graduate students who work as teaching assistants or research assistants at private universities are protected by the National Labor...more

Words Matter: D.C. Circuit Upholds (in part) NLRB's Ruling on Hyundai Handbook Policies

A recent opinion from the D.C. Circuit Court of Appeals, Hyundai Am. Shipping Agency, Inc. v. NLRB, illustrates the importance of word choice in handbook policies under the watchful eye of the National Labor Relations Board...more

NLRB to Reconsider Whether Graduate Teaching Assistants at Private Universities Can Unionize

Last week, the National Labor Relations Board (the “Board”) voted 3-1 to reconsider its decision in Brown University, 342 NLRB 483 (2004) that graduate teaching and research assistants are not employees under the National...more

The NLRB Confuses with Ruling on Successorship Doctrine in Cases Where Worker Retention Laws Apply

When one company acquires another company with a unionized workforce, some key questions almost inevitably emerge: will the acquiring company be bound by the acquired company’s collective bargaining obligations and union...more

NLRB to Review Graduate Assistants’ Petition for Representation

The National Labor Relations Board (Board) has voted 3-1 to reconsider whether graduate assistants at private, nonprofit higher education institutions are entitled to collective bargaining rights under the National Labor...more

Second Circuit Holds Facebook “Likes” Protected by NLRA

Recently, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) released a summary order and held that an employee’s “like” on Facebook can be protected by the National Labor Relations Act (“NLRA”)....more

Parent Companies Ready for Labor Pains? NLRB Adopts New Joint Employer Standard

The end of August saw the National Labor Relations Board (“NLRB”) issue a highly-anticipated opinion in Browning-Ferris Industries of California, Inc.[1] In that opinion, the NLRB broadened the standard for what it considers...more

Employment Law Commentary - Volume 27, Issue 8, September 2015

The NLRB’s Decision In Browning-Ferris Industries Of California (2015) One Month Later: Is The Sky Falling For Employers? - The short answer to the question is, “Not yet.” Browning-Ferris Industries of California, Inc....more

NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor...more

NLRB Decision on Joint Employer Standards Results in a Major Change in Business Relationships

On, August 27, 2015, the National Labor Relations Board (NLRB) in a 3-2 decision gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships. See Browning-Ferris...more

National Labor Relations Board Rewrites Decades-Old Joint Employer Standard

New Standard Leaves No Predictability Regarding the Identity of the “Employer” - The National Labor Relations Board recently made sweeping revisions to the standard for determining if two or more entities are joint...more

Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices

Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

Joint-Employer Status: New NLRB Standards Reset the Stage and Redefine the Players

For those liberals and conservatives who do not think of themselves as “joint employers” of their doctors, lawyers, pet groomers, personal trainers, disc jockeys, and baristas, the National Labor Relations Board (“NLRB” or...more

NLRB Greatly Expands “Joint Employer” Doctrine

As we previously reported on Aug. 27 and 28 (on our blog Labor Relations Today), the National Labor Relations Board (NLRB) recently issued its ruling in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug....more

Guidance for Employers on Addressing the NLRB's Joint Employer Decision

Prudent employers should evaluate their contingent employee relationships in light of the NLRB’s recent decision. To say that the National Labor Relations Board’s (NLRB’s or Board’s) recent decision in Browning-Ferris...more

Appeals Court Upholds Board Finding of Failure to Bargain over Job Relocation

The D.C. Circuit recently enforced the National Labor Relations Board’s January 3, 2012 order holding that an automotive dealership had violated Sections 8(a)(5) and 8(a)(1) of the National Labor Relations Act by failing to...more

A Radical Expansion of Joint Employer Liability

The National Labor Relations Board recently announced a significant change in the standard under which companies may be deemed "joint employers." Absent intervening action by the courts or Congress, the Board's decision in...more

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