News & Analysis as of

National Labor Relations Board › Jurisdiction

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
BakerHostetler

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

BakerHostetler on

Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

Proskauer - Labor Relations Update

D.C. Circuit Strikes Down Board’s Mail Election Ruling for Lack of Justification

Proskauer - Labor Relations Update on

On July 9, 2024, D.C. Circuit Court of Appeals remanded a National Labor Relations Board (“Board”) decision for further clarification. In GHG Management LLC v. NLRB, Case No. 22-1312 (D.C. Cir. July 9, 2024), the D.C. Circuit...more

Akin Gump Strauss Hauer & Feld LLP

NLRB’s Joint Employer Rule Vacated

Akin Gump Strauss Hauer & Feld LLP on

The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more

Pillsbury Winthrop Shaw Pittman LLP

NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

Pillsbury Winthrop Shaw Pittman LLP on

Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Judge’s Decision Tees Up Reconsideration of Test for Religious Exemption

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On February 23, 2023, an administrative law judge for the National Labor Relations Board (NLRB) ruled that a Catholic university in Florida is exempt from the Board’s jurisdiction as a religious institution. But the case tees...more

Proskauer - Labor Relations Update

Board Updates Considerations For When Regional Directors May Order Mail-Ballot Elections

Proskauer - Labor Relations Update on

A significant change to the manner in which representation elections have been conducted during the COVID-19 pandemic is the increased frequency of mail-ballot elections – whereas, previously, such elections were extremely...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Franczek P.C.

How Religious are You? Catholic University Withdraws Recognition from Union Claiming Religious Exemption

Franczek P.C. on

The Sunshine State will once again be the center of national attention in what could be one of the first battles before the Biden NLRB regarding the ever-shifting issue of the Board’s jurisdiction over religious educational...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Carlton Fields

Eighth Circuit Affirms Ruling That NLRB Retains Jurisdiction to Review Arbitration Decision on NRLA Charge, Not Court

Carlton Fields on

An arbitrator resolved a dispute between the parties in favor of the union, deciding that Exide Technologies had violated the collective bargaining agreement and the National Labor Relations Act (NLRA) by unilaterally...more

Bond Schoeneck & King PLLC

National Labor Relations Board Reverses Obama-Era Decision Regarding Standard for Asserting Jurisdiction Over Faculty Members at...

Bond Schoeneck & King PLLC on

On June 10, 2020, the National Labor Relations Board (the NLRB or the Board) issued a decision that reversed a 2014 Board decision regarding the test for exercising jurisdiction over faculty members at religious institutions....more

Cozen O'Connor

NLRB Severely Limits Jurisdiction Over Religious Schools

Cozen O'Connor on

On June 10, 2020, a three-member panel of the National Labor Relations Board issued a decision limiting its own jurisdiction over the faculty of self-identified religious educational institutions. ...more

Steptoe & Johnson PLLC

NLRB Refuses to Meddle In Religious Institutions' Affairs

Steptoe & Johnson PLLC on

The National Labor Relations Board (“NLRB”) determined last week that it has no jurisdiction over faculty members at religious institutions of higher education in Bethany College, 369 NLRB No. 98. The decision overrules a...more

Littler

NLRB Reverses Course, Holds it has no Jurisdiction over Faculty at Religious Institutions of Higher Education

Littler on

In a decision released on June 10, 2020, the National Labor Relations Board reversed its prior position regarding whether the Board may exercise jurisdiction over faculty at religious institutions of higher education.  The...more

Seyfarth Shaw LLP

In An Important Ruling for Religious Educational Institutions, The National Labor Relations Board Overrules Prior Decision and...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Labor Relations Board (“NLRB”) issued an important ruling strongly protecting the First Amendment rights of religious educational institutions, holding that “while the [National Labor...more

DirectEmployers Association

OFCCP Week In Review: June 2020 #3

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Disentangles Itself From Religious Education Institutions

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Rethinks Its Position on When It May Assert Jurisdiction Over Religious Schools in Labor Matters Involving Faculty...

Sheppard Mullin Richter & Hampton LLP on

On June 10, the National Labor Relations Board (NLRB or Board) issued Bethany College, 369 NLRB No. 98, in which it held that it does not have jurisdiction over matters concerning teachers or faculty at bona fide religious...more

Jackson Lewis P.C.

Reversing Course, NLRB Determines Not To Exercise Jurisdiction Over Religious Institutions

Jackson Lewis P.C. on

Overruling a controversial 2014 National Labor Relations Board (NLRB) decision, the NLRB has adopted a new test for determining whether it will exercise jurisdiction over religious institutions. Bethany College, 369 NLRB No....more

Fisher Phillips

NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

Fisher Phillips on

In a major reversal of a 2014 Obama-era precedent, the National Labor Relations Board just ruled that it will no longer assert jurisdiction over bona fide religiously affiliated schools. This decision is of enormous...more

Proskauer - Labor Relations Update

NLRB Establishes Bright-Line Test Denying Jurisdiction over Religious Educational Institutions

Proskauer - Labor Relations Update on

We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board...more

Holland & Knight LLP

In Reversal, NLRB Decides It Lacks Jurisdiction Over Religious College

Holland & Knight LLP on

Overruling a prior decision, the National Labor Relations Board (NLRB) has determined that it cannot exercise jurisdiction over the faculty of Bethany College, a college associated with the Evangelical Lutheran Church of...more

Proskauer - Labor Relations Update

NLRB Decides to Assert Jurisdiction Over Charter Schools On A Case By Case Basis

Proskauer - Labor Relations Update on

The NLRB continues to operate during the novel coronavirus crisis. Regional offices are largely working remotely as is the rest of the country. The Board itself continues to issue decisions, albeit at a slower pace than...more

Proskauer - Labor Relations Update

D.C. Circuit Vacates NLRB Decision, Reinforcing Board’s Limited Jurisdiction over Religious Schools

Proskauer - Labor Relations Update on

Similar to other disagreements between the NLRB and D.C. Circuit, a tension developed during the last several years regarding the appropriate standard to determine whether teachers at religious schools are covered by the NLRA...more

Littler

D.C. Circuit Rejects NLRB’s Attempt to Certify Union Vote by University Adjunct Faculty

Littler on

The D.C. Circuit recently rebuffed the National Labor Relations Board’s attempt to assert jurisdiction over adjunct faculty at Duquesne University, a religious college. Duquesne University v. NLRB, No. No. 18-1063 (D.C. Cir....more

68 Results
 / 
View per page
Page: of 3
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide