News & Analysis as of

Collective Bargaining

Second Circuit Denies NLRB’s Attempt to Issue Bargaining Order Against Novelis Corp.

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 15, 2018, the Second Circuit Court of Appeals issued its decision in Novelis Corp., et al. v. NLRB, et al., upholding several unfair labor practices against Novelis Corp., but due to passage of...more

N.L.R.B. “Joint” Disarray – Why That Matters to Manufacturers

Winston Churchill allegedly once said, “lovers of sausage and public policy should not watch either be made.” Recent events at the National Labor Relations Board call that apt quote to mind. ...more

Supreme Court Again Rejects Sixth Circuit Finding of Lifetime Retiree Medical Benefits

by McGuireWoods LLP on

Three years ago, in M&G Polymers USA, LLC v. Tackett, the Supreme Court unanimously vacated a ruling by the SixthCircuit Court of Appeals that a collective bargaining agreement (CBA) vested retirees with lifetime medical...more

Joint Employer Standard: Whiplash!

by Akerman LLP - HR Defense on

In a surprising move, the National Labor Relations Board has overturned its recent decision that had overruled an expansive joint employer standard set forth by the previous Obama-era Board. So, at least for the time being,...more

The Survival Of Abood v. Board Of Education, Part 4

by SmithAmundsen LLC on

Just last week on February 26th, the United States Supreme Court heard arguments in Janus v. AFSCME, a case in the Court’s 2017 term with a potential of adversely impacting the viability and influence of public sector unions....more

Reed College’s Student Workers Will Be Permitted to Hold Union Election

by Steptoe & Johnson PLLC on

Reed College has been directed to permit a subset of its student workers (known as Housing Advisers or HAs) to hold an election to form a union. Reed College opposed an election arguing that: 1) HAs cannot meet the statutory...more

Reed College faces Union vote among its student housing advisors

by Shipman & Goodwin LLP on

Union organizing among students is not just limited to teaching assistants. Other students who are being paid and supervised by a college or university may select a bargaining representative, at least, until the Labor Board...more

NLRB Vacates Hy-Brand Decision

by Steptoe & Johnson PLLC on

On February 26, 2018, the National Labor Relations Board (“NLRB”) issued an Order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) (“Hy-Brand”). The decision...more

Wisconsin School and Municipal Employee Unions Must Petition for Election by September 15 to Avoid Decertification

Wisconsin Statutes Section 111.70(4)(d)(3) provides that, “Annually, the [Wisconsin Employment Relations Commission] shall conduct an election to certify the representative of the collective bargaining unit that contains a...more

“Hands Off, Pants On” When Guests Sexually Harass Your Hotel Employees

by Fisher Phillips on

In an April 2016 survey of 400 Chicago-area women working at hotels, nearly 50 percent indicated that they have had a guest answer the door naked, expose themselves, or were otherwise flashed. Worse yet, 1 in 10 said they had...more

High Court Orders Sixth Circuit To Clean Up Its Retiree Health Benefits Case Law ‘Mess’

by Jackson Lewis P.C. on

Collective bargaining agreements, including those that establish ERISA plans, should be interpreted according to ordinary principles of contract law, the U.S. Supreme Court has reaffirmed in a per curiam opinion. CNH...more

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

NLRB Vacates Recent Decision Narrowing Joint-Employer Standard; Broad Browning-Ferris Test Back in Play For Now

by Hogan Lovells on

As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a...more

Is Payday The New Groundhog Day? What Bill Murray Can Teach Employers About New Pay Apps

by Fisher Phillips on

Most are familiar with Bill Murray’s classic comedy, “Groundhog Day,” in which egotistical weatherman Phil Connors repeatedly re-lives the date of February 2, 1993. At first, Connors relishes replicating the same events each...more

NLRB Gives Browning-Ferris a Stay of Execution

by Stinson Leonard Street on

On Monday February 26, 2018, the NLRB unanimously vacated its recent Hy-Brand decision from December 14, 2017, effectively reinstating the Obama-era Browning-Ferris test for determining joint-employer status established in...more

NLRB Vacates Hy-Brand Joint Employer Decision

by Miller Canfield on

The National Labor Relations Board (NLRB) has revived a broad, union-friendly joint employer test, at least for now. In December 2017, the board issued its decision in Hy-Brand Industrial Contractors, which put in place a...more

NLRB Flip Flops On Browning Ferris Standard For Joint Employment (Again)

by Pepper Hamilton LLP on

Q. What is the standard for determining whether two companies are joint employers? A. On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial...more

NLRB Joint Employer Whiplash

by FordHarrison on

The National Labor Relations Board (“NLRB” or “Board”) has vacated its decision in Hy-Brand Industrial Contractors, Ltd., (“Hy-Brand”), thereby reinstating the joint employer standard created by the Obama Board in the...more

Costa Rica: Labor Procedure Reform Law Makes Sweeping Changes to Labor Code

by Dentons on

On July 25, 2017, Costa Rica's Labor Procedure Reform (Reforma Procesal Laboral or RPL) Law No. 9343 became effective. Despite its name, the law amended not only the procedural part of the country's Labor Code, but also the...more

One Minute You’re In, the Next, You’re Out: NLRB Vacates the Short-Lived Hy-Brand Decision and Reinstates the Browning-Ferris’...

by Dickinson Wright on

As we reported just last December, the National Labor Relations Board (NLRB or Board), issued Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co., which overturned the 2015 Browning-Ferris Industries case that...more

Gorsuch Restrains His Own Speech In Oral Arguments About Public Sector Union Dues

by Husch Blackwell LLP on

From Justice Kagan’s observation that a decision in favor of the plaintiff could affect millions of public sector workers to Justice Alito’s surprise at seeing a union brief include an argument that the Constitution...more

NLRB Takes Back Part of Its Holiday Gift to Employers, Vacating Hy-Brand Decision

by Pepper Hamilton LLP on

On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) (vacated at 366 NLRB No. 26). ...more

New Legislation for Local Staff of Diplomatic and Consular Missions in Belgium

by Kelley Drye & Warren LLP on

As of 15 February 2018, a multitude of new rules apply to “local staff” of diplomatic and consular missions in Belgium, including permanent missions and representations to international organizations having their seat in...more

Supreme Court Reaffirms Rejection of Inferences in Retiree Health Benefit Dispute

by Miller Canfield on

The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday,...more

Put It in the CBA: Supreme Court Once Again Finds Retiree Health Benefits Are Not Vested

On February 20, 2018, the Supreme Court of the United States tackled another controversy from the Sixth Circuit Court of Appeals regarding whether retiree medical benefits enjoyed by individuals who retired while a collective...more

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