News & Analysis as of

The mountain that is Specialty Healthcare: Volkswagen case typifies employers’ steep climb in NLRB unit determination cases

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

SuperVision Today - November 2015

Notes from the Chair and Executive Editor - Welcome to the fourth quarter edition of SuperVision Today, Spilman's labor and employment law e-newsletter. With the calendars getting ready to roll over to 2016, the New Year...more

Labor Strikes Back: The New NLRB Initiatives

While private sector union representation has been declining for decades, the last few years have ushered in a resurgence of union initiatives. Importantly, these efforts have been fueled by a labor friendly National Labor...more

Postcards from the R-Case Edge: Insights into Supervisory Status Issues in a Proposed Unit

Since the new “ambush” election rules went into effect on April 14, 2015, there have been over 1,000 petitions for elections filed with the National Labor Relations Board (NLRB). Approximately 60 of those petitions have led...more

How to Deal with Employees

I always say that the main reason that I don’t want to have employees is because I was an employee once too. The union lawyers I worked with just didn’t understand the whole dynamic of the employer-employee relationship. They...more

D.C. Circuit Upholds NLRB's Continued Targeting of Workplace Rules

The National Labor Relations Board (NLRB or the Board) has continued its trend of subjecting employer work rules to scrutiny as to whether they unlawfully restrict workers' rights to form or join labor organizations, bargain...more

Company’s use of GPS to track employee did not violate collective bargaining agreement

On November 2, 2015, the National Labor Relations Board (NLRB) released an advisory letter stating that Shore Point Distribution Co. (Shore Point), an alcoholic beverage distributor in New Jersey, did not violate labor laws...more

Ford UAW Workers Defy Logic Of Ricky Bobby With New Tentative Agreement

If you ain’t first, you’re last. Not so say the Ford UAW workers whose bargaining committee recently reached a new tentative agreement with Ford. While Ford was the last to reach a tentative agreement with the UAW, if the...more

Pennsylvania Strengthens Crimes Code to Remove Certain Exceptions for Crimes Committed By Union Representatives

Pennsylvania Governor Tom Wolf recently signed a bill into law amending the Pennsylvania Crimes Code. The law eliminates the “union intimidation” loophole and removes certain exceptions that had applied to crimes committed...more

Employee required to produce his medical file to employer in accommodation grievance

After an employee’s union grieved that the employer had failed to return him to work “notwithstanding that he has provided all requested medical information”, the employee has been ordered to produce much of his medical file...more

What 19 Eminent Law Professors Would Have You Believe

UCLA Law School Professor Stephen Bainbridge yesterday highlighted an amicus curiae brief filed recently by 19 law professors in Freidrichs v. California Teachers Ass’n. That case, which is now pending before the U.S....more

NLRB Hands Employers a Win (Seriously!): GPS Tracking of Employee Upheld

It is no surprise that the National Labor Relations Board (NLRB) has been busy this summer establishing several principles that are frightening to employers. But in an unexpected turn of events, the NLRB Office of the General...more

Federal Arbitration Case Update | The Powers that Be

Following are two interesting and recent federal court rulings related to arbitration. Arbitrator Has Authority to Rule on Whether He Can Change His Mind - United Brotherhood of Carpenters and Joiners v. Tappan Zee...more

Conflict of interest policy unlawful for stifling labor rights

In March of this year, General Counsel of the National Labor Relations Board (NLRB) issued a memo on employee handbooks and the legality of certain types of employer rules. The memo highlighted some recent cases and stressed...more

Will Your Workers Go On Strike On November 10? What You Need To Know

Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible...more

White House Announces Long-Awaited Trans-Pacific Partnership Agreement

The Obama administration released the full text of the Trans-Pacific Partnership (TPP) agreement, on November 5, kicking off a 90-day window for congressional review. The TPP would arguably be the largest free trade...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

Global Employment Lawyer Volume 2, Issue 1 - November/December 2015

Look out, beware—its holiday party season! According to a survey by Challenger, Gray & Christmas Inc., about 88 percent of companies in the US had holiday parties last year. That percentage has been hovering around 90...more

Shanghai updates regulations on collective contracts

The original Regulation of Shanghai Municipality on Collective Contracts has been in force for almost eight years. By the end of 2014, collective contracts had been signed by 140,000 enterprises and more than 5.48 million...more

Strike out? UK issues proposals to curb strikes

Plans to modernise London's underground (known as the Tube) to offer a 24-hour weekend service on selected lines has resulted in London being held to ransom as Tube staff walked out in a series of strikes during August 2015....more

Jersey City, New Jersey Expands Paid Sick Leave

The Jersey City Council voted to expand the scope of the City’s existing sick leave ordinance on October 29, 2015. Under the Ordinance as amended, employers with less than 10 employees now will be required to provide...more

Second Circuit Sides With NLRB In Facebook Dispute

As employees continue to flock to social media in droves, employers have been craving additional guidance about how, if at all, they can regulate work-related posts. While it is no secret that employees in unionized and...more

Germany: Act on Collective Bargaining Unity in Force

In 2010, Germany’s Federal Labor Court (Bundesarbeitsgericht) abolished the principle of collective bargaining unity, commonly referred to as “Tarifeinheit” (“One business, one collective agreement”). As a consequence, since...more

UAW Continues to Use Strike Threat as a Powerful Negotiating Tool

In an effort to keep the momentum in its favor, the UAW gave GM a strike deadline of Sunday, October 25, 2015, at 11:59 p.m., to reach a tentative agreement. The UAW’s strategy appears to have worked as the parties reached a...more

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