News & Analysis as of September 22, 2024

The National Labor Relations Act

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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 -

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

BakerHostetler on 7/17/2024

Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

NLRB’s Joint Employer Rule Vacated

Akin Gump Strauss Hauer & Feld LLP on 3/14/2024

The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more

NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

Pillsbury Winthrop Shaw Pittman LLP on 2/21/2024

Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more

Board Updates Considerations For When Regional Directors May Order Mail-Ballot Elections

Proskauer - Labor Relations Update on 10/3/2022

A significant change to the manner in which representation elections have been conducted during the COVID-19 pandemic is the increased frequency of mail-ballot elections – whereas, previously, such elections were extremely...more

Eighth Circuit Affirms Ruling That NLRB Retains Jurisdiction to Review Arbitration Decision on NRLA Charge, Not Court

Carlton Fields on 7/29/2020

An arbitrator resolved a dispute between the parties in favor of the union, deciding that Exide Technologies had violated the collective bargaining agreement and the National Labor Relations Act (NLRA) by unilaterally...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

In An Important Ruling for Religious Educational Institutions, The National Labor Relations Board Overrules Prior Decision and...

Seyfarth Shaw LLP on 6/16/2020

Seyfarth Synopsis: The National Labor Relations Board (“NLRB”) issued an important ruling strongly protecting the First Amendment rights of religious educational institutions, holding that “while the [National Labor...more

NLRB Disentangles Itself From Religious Education Institutions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/16/2020

On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran...more

NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

Fisher Phillips on 6/12/2020

In a major reversal of a 2014 Obama-era precedent, the National Labor Relations Board just ruled that it will no longer assert jurisdiction over bona fide religiously affiliated schools. This decision is of enormous...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

NLRB Decides to Assert Jurisdiction Over Charter Schools On A Case By Case Basis

Proskauer - Labor Relations Update on 4/1/2020

The NLRB continues to operate during the novel coronavirus crisis. Regional offices are largely working remotely as is the rest of the country. The Board itself continues to issue decisions, albeit at a slower pace than...more

D.C. Circuit Vacates NLRB Decision, Reinforcing Board’s Limited Jurisdiction over Religious Schools

Proskauer - Labor Relations Update on 2/3/2020

Similar to other disagreements between the NLRB and D.C. Circuit, a tension developed during the last several years regarding the appropriate standard to determine whether teachers at religious schools are covered by the NLRA...more

Circuit Court Once Again Reins in NLRB Over Jurisdiction

Cozen O'Connor on 2/3/2020

This week, the U.S. Court of Appeals for the District of Columbia Circuit decided the matter of Duquesne University of the Holy Spirit v. National Labor Relations Board, and held, once again, that the Board’s effort to extend...more

Are Charter Schools Covered by the National Labor Relations Act? NLRB to Reconsider Its Jurisdiction over Charter Schools

Proskauer - Labor Relations Update on 2/7/2019

On February 4, the NLRB granted United Federation of Teachers, Local 2, AFT, AFL-CIO’s (the “Union”) request for review of the Regional Director’s Decision and Direction of Election concerning a decertification petition filed...more

Memo from NLRB General Counsel Reveals New Priorities, with Encouraging Signs for Universities

Cozen O'Connor on 12/8/2017

Less than one month after his confirmation as the National Labor Relations Board’s new general counsel, Peter Robb issued a memo that signals a significant shift in the aggressively pro-labor positions taken by his...more

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

FordHarrison on 4/13/2017

In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

Franczek P.C. on 4/12/2017

In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...more

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National Labor Relations Board › Jurisdiction › The National Labor Relations Act

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

NLRB’s Joint Employer Rule Vacated

NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

Board Updates Considerations For When Regional Directors May Order Mail-Ballot Elections

Eighth Circuit Affirms Ruling That NLRB Retains Jurisdiction to Review Arbitration Decision on NRLA Charge, Not Court

NLRB Severely Limits Jurisdiction Over Religious Schools

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

In An Important Ruling for Religious Educational Institutions, The National Labor Relations Board Overrules Prior Decision and...

NLRB Disentangles Itself From Religious Education Institutions

NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

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

NLRB Decides to Assert Jurisdiction Over Charter Schools On A Case By Case Basis

D.C. Circuit Vacates NLRB Decision, Reinforcing Board’s Limited Jurisdiction over Religious Schools

Circuit Court Once Again Reins in NLRB Over Jurisdiction

Are Charter Schools Covered by the National Labor Relations Act? NLRB to Reconsider Its Jurisdiction over Charter Schools

Memo from NLRB General Counsel Reveals New Priorities, with Encouraging Signs for Universities

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students

The Practical NLRB Advisor - Issue 4, Winter 2017

Pennsylvania Charter Schools Are Subject to Jurisdiction of National Labor Relations Board

NLRB Decides Charter Schools Are Private Corporations Despite Public Influence

Back to School: NLRB Takes Aim at Colleges and Universities

Airline Industry Alert: NLRB Rules Aircraft Cleaners Are Not Subject to the Railway Labor Act

Latest NLRB Power-Grab Benchslapped

National Labor Relations Board › Jurisdiction › The National Labor Relations Act

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