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Recent NLRB Actions Signal the Winds of Change Are Blowing: The NLRB Requests Information on Controversial “Quickie Election”...

Because the National Labor Relations Board (NLRB) is made up of members appointed by the President, Board law shifts as administrations change. Recently, the U.S. Senate confirmed two Republicans to the Board, resulting in a...more

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship...

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more

NLRB Moves Closer to Finding that Scholarship Student-Athletes are Employees

On September 22, 2016, the Associate General Counsel (“AGC”) for the National Labor Relations Board (“NLRB,” or the “Board”) issued an Advice Memorandum indicating that a number of policies in the Northwestern University...more

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

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 Eighth Circuit Upholds Specialty Healthcare

Last week, the U.S. Court of Appeals for the Eighth Circuit upheld the National Labor Relations Board’s Specialty Healthcare framework for determining whether a union’s petitioned-for bargaining unit is appropriate. Under...more

EEOC Argues Adverse Employment Action Irrelevant in Racial Segregation Cases

Recently, the EEOC filed an appeal in EEOC v. AutoZone, Inc. et al., arguing that the lower court erred in dismissing the case against AutoZone Inc. by improperly requiring the EEOC to show that the employee at issue suffered...more

A Break From The Trend? NLRB Regional Director Finds Carroll College Exempt From Board Jurisdiction Under Pacific Lutheran

Union organizing directed at religious college and university faculties has gained momentum since the National Labor Relations Board (“Board”) issued its decision in Pacific Lutheran University (“PLU”) in 2014. In PLU, the...more

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

NLRB Election Rules Update: Employers must exercise due diligence in searching for and disclosing “available” voter contact...

In April of this year, the National Labor Relations Board’s new expedited election rules went into effect. Under the new rules, employers are required to provide unions with “available” personal e-mail addresses and personal...more

NLRB Poised to Reconsider Brown After Granting Review of UAW’s Petition to Organize Graduate Students at The New School

In what some are characterizing as a final effort to shape the landscape of unionization at private colleges and universities during the Obama administration, the NLRB granted the United Auto Workers’ request to review an...more

Contract Expired So You Want To Stop Deducting Dues From Employee Paychecks? Think Again!

On August 27, 2015, the National Labor Relations Board overturned 53 years of precedent under Bethlehem Steel, and found that going forward an employer could no longer unilaterally stop deducting union dues from employee...more

Everything Old is New Again: NLRB’s Decision “Restates” Joint Employer Standard

In a landmark ruling yesterday, the National Labor Relations Board (the Board) dramatically revised its standard for determining when two businesses constitute “joint employers” for purposes of collective bargaining and...more

NLRB’s New Election Rules Are Here to Stay

The NLRB’s “ambush” or “quickie” election rules are definitely here to stay. A federal judge in a Washington, D.C. district court rejected the U.S. Chamber of Commerce and other business groups’ challenge to the Board’s new...more

Jawbone Cries Foul – Fitbit’s Success Due To Stolen Trade Secrets

Fitbit better watch its step because Jawbone has a serious bone to pick with its competitor. On May 27, 2015, Jawbone, a maker of wearable fitness and activity tracker devices, filed suit in California state court...more

NLRB Punishes Employer for Past Unlawful Handbook Policies Despite Employer’s Attempt to Repudiate

In Boch Imports, Inc., the National Labor Relations Board (NLRB) found that the employer, a car dealership, violated the National Labor Relations Act because the dealership’s social media and dress code policies were...more

Persistence Pays Off: Federal Appeals Court Rejects NLRB’s Bid for Enforcement of Employer Bargaining Order

Last week, in Ozark Auto. Distribs., Inc. v. NLRB, the D.C. Circuit rejected the National Labor Relations Board’s attempt to enforce a bargaining order against an employer who had refused to bargain with a newly certified...more

NRLB Significantly Alters Framework for Analyzing Jurisdiction over Private College and University Faculty

Recently, the National Labor Relations Board (NLRB) issued its decision in Pacific Lutheran University and Services Employees International Union (Pacific Lutheran). In a ruling that could expand union formation among faculty...more

Legislation That Makes Minimum Manning for Firefighters a Mandatory Subject of Bargaining Awaits Governor’s Signature

Last week, the Illinois Senate passed House Bill 5485, and the bill now awaits action by Governor Quinn. If signed by Governor Quinn, the bill would immediately go into effect and amend the Illinois Public Labor Relations Act...more

Amendment to IPLRA Would Make Minimum Firefighter Staffing a Mandatory Subject of Bargaining Passes Senate, Awaits Governor...

Last week, the Illinois Senate passed House Bill 5485, and the bill now awaits action by Governor Quinn. If signed by Governor Quinn, the bill would immediately go into effect and amend the Illinois Public Labor Relations Act...more

Under the Same Golden Arches: NLRB General Counsel Authorizes Complaints Alleging McDonald’s Corporation Is Joint Employer with...

Last week, the NLRB General Counsel’s Office authorized 43 complaints of unfair labor practices brought by McDonald’s workers, naming both the McDonald’s Corporation and its franchisees as joint employers which would hold...more

Which of These Things Is Not Like the Other? NLRB Finds Micro-Unit of Shoe Sales Associates Not Appropriate

On Monday, a unanimous National Labor Relations Board dismissed a union petition seeking to represent 46 shoe sales associates at a Bergdorf Goodman store in New York. This decision comes on the heels of the NLRB’s ruling...more

The NLRB’s Year In Numbers: FY 2012

The National Labor Relations Board (NLRB) recently released its casehandling summary for fiscal year 2012, which ended September 30, 2012. Given the NLRB’s recent penchant for overturning precedent and making a lot of waves...more

1/22/2013  /  NLRB

NLRB Changes Course Again, Invalidates 50 Years Of Precedent On Expired Collective Bargaining Agreements

Yesterday, the National Labor Relations Board announced a major reversal of policy, invalidating 50 years of precedent on an employer’s obligation to honor dues checkoff arrangements after the expiration of a collective...more

It’s Official: Michigan Is A “Right-To-Work” State

As we reported last week, in a surprising move last Thursday, the Michigan House and Senate both passed right-to-work legislation and sent the legislation to Michigan Governor Rick Snyder for his review and signature....more

12/13/2012  /  Right to Work , Unions

Michigan Poised To Become A “Right-To-Work” State

Yesterday, the Michigan House and Senate each passed right-to-work legislation amid tumultuous protest by union supporters. Governor Snyder (R) has said that he will sign the bills, which could occur as early as Tuesday. He...more

12/10/2012  /  Right to Work , Unions
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