News & Analysis as of

Collective Bargaining National Labor Relations Board

Senate HELP Committee Questions NLRB Nominees on Higher Education Issues

by Hogan Lovells on

During the Obama Administration the National Labor Relations Board (“NLRB” or the “Board”) opened wider the gates of private colleges and universities to organized labor. In 2014 the Board made it easier for faculty to...more

Trump Announces Picks for National Labor Relations Board

Late last month, President Trump announced his two picks for the National Labor Relations Board (NLRB): William Emanuel, a management-side labor attorney in private practice, and Marvin Kaplan, an attorney for the...more

Novel Theory Related To Violation Of Bargaining “Ground Rules” Fails (Fortunately)

When an employer and a union sit down to bargain they often agree to ground rules for how negotiations are to be conducted. A common ground rule, for example, is for the parties to agree to address “non-economic” items before...more

DOL: "Joint Employer" and "Independent Contractor" Guidance Out and Wage and Hour Opinion Letters In

by Akerman LLP - HR Defense on

On the heels of withdrawing published interpretations of the concepts of “joint employer” and “independent contractor,” the Secretary of Labor announced this week that it will reinstate the issuance of opinion letters....more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

NLRB Rules That Employers Have a Duty to Bargain Over ACA-Mandated Group Health Benefit Changes

On May 16, 2017, the National Labor Relations Board (“NLRB”) issued a decision holding an employer has the duty to bargain with a union over changes to a group health plan even though the changes were mandated by the...more

National Labor Relations Board Finds Union Supporter’s Profanity-Laden Rant Unprotected by the National Labor Relations Act

by McGuireWoods LLP on

In a rare win for the employer, the National Labor Relations Board (the “Board”) unanimously affirmed an Administrative Law Judge’s (“ALJ”) decision that the termination of a union bargaining-committee representative for a...more

Union Adherent’s Antics Not Protected By Act, NLRB Rules

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was...more

AT&T Privacy Rule Goes Too Far Says NLRB

by McGuireWoods LLP on

Last week a National Labor Relations Board (NLRB) administrative judge ruled that AT&T Mobility interfered with employees’ labor rights with an overly broad privacy rule. The rule prohibited employees from recording any...more

SEIU Local 500 Withdraws Petition to Represent Resident Advisors at George Washington University

On May 2, 2017, SEIU Local 500 made a request to Region Five of the National Labor Relations Board (“NLRB”) to withdraw its petition to represent a bargaining unit of Resident Advisors (“RAs”) at George Washington University....more

Spending Bill Leaves NLRB Budget Unchanged From 2016, Nixes Electronic Voting

by Jackson Lewis P.C. on

The National Labor Relations Board’s wish that its budget for fiscal year 2017 be increased over its FY 2016 budget apparently will not be granted. According to Politico, at $274.2 million, Congress has left the NLRB’s...more

Federal Court: NLRB Correct That Successor Employer Must Bargain With Existing Union Under Labor Law

by Jackson Lewis P.C. on

In the first test of the National Labor Relations Board’s 2011 “successor bar” rule, the federal appeals court in Boston has upheld the NLRB’s decision that the union is protected from decertification after a change of...more

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

by FordHarrison on

In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

by Franczek Radelet P.C. on

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

Unions Winning More Elections, But Organizing Fewer New Workers

by Jackson Lewis P.C. on

Unions won 72% of all representation elections conducted by the National Labor Relations Board in 2016, and 74% when the election involved a small unit of 49 workers or less, according to a Bloomberg BNA report based on NLRB...more

March Inevitableness? Considering the Legal Consequences of Pay to Student-Athletes

As of this writing, it has been over 850 days since the UConn women’s basketball team has lost a game. When the Huskies last tasted defeat (in an overtime thriller to Stanford on November 17, 2014), football players at...more

U.S. Chamber of Commerce Report Catalogs Extensive Extreme Activity by Obama Era National Labor Relations Board

by McGuireWoods LLP on

Last week, the United States Chamber of Commerce issued a report intended to provide a blueprint to the Trump administration as it looks toward formulating a labor relations agenda. “The Record of the National Labor...more

Labor Law 2016: A Year In Review

by McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

The Practical NLRB Advisor - Issue 4, Winter 2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

[Event] Master Class: Labor and Employment Law Under the Trump Administration - Jan. 25th, Washington, D.C.

by BakerHostetler on

Please join us for BakerHostetler's “Labor and Employment Law Under the Trump Administration.” This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline issues that will be...more

Employer Did Not Violate Duty To Bargain Over Change To Christmas Gift Policy, NLRB Rules

by Proskauer - Labor Relations on

What would the holiday season be without a Christmas gift case?  A perennial problem for labor relations personnel is whether the yearly Christmas turkey given to employees is something that an employer must bargain over...more

Under Construction - December 2016

by Snell & Wilmer on

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

NLRB Finds that Employer Unlawfully Refused to Bargain with Union

by Seyfarth Shaw LLP on

Seyfarth Synopsis: NLRB rules that the operators of the Detroit Masonic Temple unlawfully refused to bargain with a union that represented various engineers and maintenance workers at the temple, even though none of the...more

What Employers Can Expect from the New Administration – Part 1: Executive Orders & Administrative Actions

What will a Trump administration do to the labor and employment law landscape? While we can’t predict for certain, we figure we can at least provide better insight than the pollsters who have spent the last year following 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

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