D.C. Circuit Hears that Board Is Playing By Its Own Rules: Ben James at Law360 ($$) writes that last Friday, several parties filed a joint brief in the D.C. Circuit, arguing that the National Labor Relations Board is acting in direct contravention of the Circuit's January Noel Canning ruling. Santa Fe Tortilla, Encino Hospital, and Jeannette Geary urged the court in their brief to halt all Board activities until the NLRB has a quorum of members. Only then, the brief posits, can the Board appropriately assert its jurisdiction.
“After Noel Canning’s authoritative determination, Petitioners are justified in seeking to prevent a Board with no constitutional power from acting to their detriment. This Court has the power and duty to protect its own jurisdiction,” the joint brief said.
Neither side could immediately be reached for comment. However, this is certainly not the last challenge we will see to the Board's authority to act. These cases will be coming thick and fast until the Supreme Court has the opportunity to step in and resolve the current quagmire that has enveloped the Board. We will certainly keep you posted.
AZ Cab Drivers Looking to Unionize: The Arizona Daily Star reports that cab drivers in the Tucson area have filed a petition with the National Labor Relations Board in order to vote on whether the group desires to be represented for the purposes of collective bargaining. The cab drivers are being organized by the Tucson Hacks Association, who filed the petition on behalf of the cab drivers on June 11, 2013. A hearing on whether the drivers are actually employees or independent contractors is set for Tuesday. If the drivers are found not to be employees, they will not be able to hold a certification vote. We will keep you posted on the results of next week's hearing.
PA Teachers Ready to Strike: Bethany Hofstetter of the Tribune-Review reports that teachers in the Shaler, Pennsylvania area have stated that they will go on strike if a deal regarding a new contract cannot be reached with school district officials over the summer break. The strike notice was delivered by the Shaler Area Education Association (SAEA) and is scheduled to begin on September 3, 2013, the first day of the school year.
SAEA teachers have been working under a contract that expired in August of 2011. If the teachers do actually strike, the two sides will be forced to enter into interest arbitration, whereby a disinterested panel will essentially cobble together a contract for the parties. We will keep you posted as the negotiations progress.