News & Analysis as of September 21, 2024

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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 -

NLRB Drops its “Subgroup Majority Status” Test to Determine Whether Faculty are Exempt Managerial Employees

Littler on 2/25/2021

On February 19, 2021, the National Labor Relations Board (Board) modified its test for determining whether faculty at private colleges and universities should be excluded as managerial employees from the right to union...more

NLRB Severely Limits Jurisdiction Over Religious Schools

Cozen O'Connor on 6/17/2020

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

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

Littler on 6/16/2020

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

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

Proskauer - Labor Relations Update on 6/12/2020

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

D.C. Circuit Weighs In On NLRB Test For Adjunct Faculty Unionization

Proskauer - Labor Relations Update on 3/22/2019

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

Higher Education Alert: NLRB Trend in Easing Unionization Continues with Recent Decision

Proskauer - Labor Relations on 1/12/2015

The National Labor Relations Board issued a 3-2 decision last month in Pacific Lutheran University, 361 NLRB No. 157, in which it significantly modified the standards for determining: (1) whether college or university faculty...more

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