On Monday, April 26, 2021, the White House released a press briefing detailing the establishment of a new White House Task Force on Worker Organizing and Empowerment (the “Task Force”). The Task Force, which the White House...more
On April 21, 2021, the National Labor Relations Board (the “Board”) declined to eliminate or modify its long-standing contract-bar doctrine, which purports to provide stability in the relationship among the employer, a...more
After publishing the Notice of Proposed Rulemaking over a year ago, followed by tens of thousands of public comments and many months of anticipating the final rule, the NLRB announced today that it will publish a Notice of...more
On Monday, the Board voted 3-1 to solicit public briefing on whether it should overrule the Johnnie’s Poultry Co., 146 NLRB 770 (1964) safeguards employees must receive if they are questioned by employers about their own or...more
Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that adjunct, or contingent,...more
2/26/2021
/ Adjunct Faculty ,
Bargaining Units ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Colleges ,
Educational Institutions ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Professors ,
Unions ,
Universities
On September 15, 2020, the National Labor Relations Board (the “NLRB” or “Board”) Division of Advice (“Advice”), published four Advice Memoranda addressing an array of issues ranging from COVID-19-related unilateral actions...more
9/23/2020
/ Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Health and Safety ,
Labor Relations ,
Management Rights Clauses ,
NLRA ,
NLRB ,
Separation Agreement ,
Unfair Labor Practices ,
Union Representatives ,
Unions
NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors...more
On Sunday, we reported on an eleventh-hour district court order striking down large portions of the NLRB’s new representation election rules that were set to go into effect on May 31, 2020. The district court order held...more
The National Labor Relations Board issued a new rule on Friday that will significantly amend NLRB election rules and procedures. Expected to take effect on April 16, 2020, the new rules, in large part, reverse course from the...more
As anticipated, today the National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) proposing a regulation which would establish that students at private colleges and universities who perform any...more
9/23/2019
/ Comment Period ,
Educational Institutions ,
Employee Definition ,
Graduate Students ,
NLRA ,
NLRB ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Student Employees ,
Students ,
Unions
In recent weeks, the National Labor Relations Board has issued several employer-friendly decisions, and its September 13 decision in Arlington Metals Corp., 368 NLRB No. 74 (2019) was no exception. In Arlington Metals, the...more
In a 2-1 decision issued on August 2, 2019, the National Labor Relations Board (the “Board”) in Electrolux Home Products, Inc., 368 NLRB No. 34 (2019) reversed an Administrative Law Judge’s (“ALJ”) decision, and held that...more
Colleges and universities should take note of the Court of Appeals for the D.C. Circuit’s recent decision in University of Southern California v. National Labor Relations Board, Case No. 17-1149 (D.C. Cir. Mar. 12, 2019)...more
3/22/2019
/ Adjunct Faculty ,
Colleges ,
Educational Institutions ,
Faculty ,
NLRA ,
NLRB ,
NLRB v Yeshiva ,
Pacific Lutheran University ,
Religious Schools ,
Remand ,
Union Elections ,
Union Organizers ,
Unions ,
Universities
Yesterday, the National Labor Relations Board (“the Board”) issued its long awaited decision in Columbia University. Not surprisingly, the Board, in a 3-1 decision, overturned 12 years of precedent by ruling that “student...more
Last April, the National Labor Relations Board (“Board”) implemented it’s new expedited union representation procedures. On June 10, 2016, in Associated Builders and Contrs. Of Tex v. NLRB, 15-cv-50487 2016 U.S. App. LEXIS...more
With that the NLRB’s quickie election rules going into effect in April 2015, we are just now starting to see the Board decide cases applying the new rules.
In Danbury Hospital, Case 01-RC-153086, the Regional Director...more
While some people may have been on vacation at the end of August, the past few weeks have been extremely busy at the National Labor Relations Board (“NLRB” or “Board”), with a series of decisions that will continue to make it...more
9/10/2015
/ Browning-Ferris Industries of California Inc. ,
CBAs ,
Collective Bargaining ,
Displaced Building Service Workers Protection Act (DBSWPA) ,
E-Signatures ,
Employee Retention ,
Joint Employers ,
Memorandum of Guidance ,
New Guidance ,
NLRB ,
NLRB General Counsel ,
Preemption ,
Successors ,
Supremacy Clause ,
Union Dues ,
Union Elections ,
Unions