Labor Relations Today

Labor Relations Today

Category Archives: NLRA

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Federal District Court Enjoins Reporting and Arbitration Requirements in Administration’s Contractor Blacklisting Rules; Allows Paycheck Transparency Provisions to Stand

Posted in Davis-Bacon, Department of Labor, Executive Orders, Federal Court Litigation, Government Contracting, Government Contracts, NLRA, White House
On the eve of its effective date, a federal judge in Texas has enjoined most parts of the Federal Acquisition Regulatory (FAR) Council’s final rule implementing President Obama’s “Fair Pay and Safe Workplaces” executive order.  The court’s Order in Associated Builders and Contractors of Southeast Texas et al. v. Rung et al., Case No. 1:16-cv-00425… Continue Reading

ALJ Strikes Down (Another) Workplace Civility Rule and Ban on Photographs at Las Vegas Casino

Posted in NLRA, Unfair Labor Practices, Workplace Rules
On September 26, 2016, an ALJ struck down several workplace rules at a casino in Las Vegas, including two rules that prohibited “inappropriate conduct” and taking photographs on the casino floor.  The ALJ found that, although the rules did not violate Section 7, a reasonable employee could interpret the rules as prohibiting them from engaging… Continue Reading

NLRB’s Coffin Corner Punt Pins Private Universities’ Sports Programs in Perilous Spot

Posted in NLRA, Social Media, Unfair Labor Practices
In an advice memorandum issued on September 22, 2016, the National Labor Relations Board’s Office of the General Counsel declined to issue a complaint against Northwestern University for certain football team rules despite finding those rules violative of the National Labor Relations Act. Unlike the Board’s decision not to assert jurisdiction over the unionization effort of… Continue Reading

Eleventh Circuit Finds Error in National Labor Relations Board’s “Mixed-Use” Analysis

Posted in Federal Court Litigation, NLRA, NLRB
In a 2-1 decision, the Eleventh Circuit Court of Appeals (the “Eleventh Circuit”) largely upheld the National Labor Relations Board’s (the “Board”) decision that an automobile manufacturer violated the National Labor Relations Act (the “Act”) by 1) maintaining an overly broad rule prohibiting solicitation and distribution and 2) prohibiting employees not on working time from… Continue Reading

D.C. Circuit Scolds NLRB for ‘Bad Faith’, ‘Abusive Tactics’ and ‘Extremism’

Posted in Duty to Bargain, Federal Court Litigation, NLRA, NLRB
The United States Court of Appeals for the District of Columbia Circuit issued a scathing rebuke to the National Labor Relations Board for “abusive tactics and extremism” and ordered the Board to pay an employer nearly $18,000 in legal fees incurred due to the Board’s “bad faith litigation” in Heartland Plymouth Court MI, LLC v.… Continue Reading

Federal Judge Upholds Wisconsin Right to Work Law, But State Court Challenge is Still Pending

Posted in Federal Court Litigation, NLRA, Right to Work, State/Local Issues
In another “chapter in the ongoing, national debate about the role that labor unions play in the modern workplace and the extent to which they may be regulated by both state and federal governments, on Monday, September 26, U.S. District Judge J.P. Stadtmueller entered an order upholding Wisconsin’s right to work law that was enacted in… Continue Reading

General Counsel Urges Board to Disallow Permanent Replacements During Economic Strikes, Absent Employer Proof of Necessity

Posted in NLRA, NLRB Decisions, Strikes, Unfair Labor Practices
In connection with pending exceptions to an ALJ decision in United Site Services of California, the General Counsel has argued that the Board should change existing law to hold that an employer violates the Act when it permanently replaces striking employees without “a legitimate and substantial business justification.”  The case is now fully briefed before… Continue Reading

Board Member Hirozawa Endorses “Members Only” Union Recognition in Concurring Opinion as Term Expires

Posted in Beyond EFCA: Labor's Agenda, Duty to Bargain, Negotiations, NLRA, NLRB Decisions, NLRB Rule-Making
In one of the final decisions of his expired term, Board Member Kent Hirozawa sanctioned a long-rejected interpretation of the National Labor Relations Act which would impose an obligation on employers to bargain with “members only” unions. Endorsing a theory outlined most thoroughly by Professor Charles Morris in his 2005 book, “The Blue Eagle at… Continue Reading

NLRB Division of Advice Asserts Misclassification of Employees Itself Interferes with Section 7 Rights

Posted in Division of Advice, NLRA, NLRB, Unfair Labor Practices
In a General Counsel Advice Memorandum released in late August 2016, the NLRB Division of Advice found that employers who misclassify employees as independent contractors violate Section 8(a)(1) of the NLRA by restraining the employees’ section 7 rights to engage in concerted, protected activity.  The Memorandum, which is dated December 18, 2015, but was only recently… Continue Reading

NLRB Continues to Expand the Reach of the NLRA by Exercising Jurisdiction Over Charter Schools

Posted in NLRA, NLRB, NLRB Decisions
In two decisions issued last month, Pennsylvania Virtual Charter School, 364 NLRB No. 87 (Aug. 24, 2016) and Hyde Leadership Charter School—Brooklyn, 364 NLRB No. 88 (Aug. 24, 2016), the National Labor Relations Board continued to crystallize consensus in its decisions exercising jurisdiction over charter schools. Under Board precedent, an entity is considered a political subdivision… Continue Reading

NLRB Holds That Graduate Teaching Assistants Could Be Employees Under the NLRA

Posted in Bush Board Reversal, NLRA, NLRB, NLRB Decisions
On August 23, 2016, in a 3-to-1 decision, the National Labor Relations Board (“the Board”) overturned long-standing precedent to hold that student graduate teaching assistants  are statutory employees under the National Labor Relations Act (“NLRA”).  The decision, Columbia University, 364 NLRB No. 90, marks a significant change in United States labor law and raises several… Continue Reading

Court Enforces NLRB Investigatory Subpoena Seeking Employment Policies In Unfair Labor Practice Charge Filed by Purported Independent Contractor

Posted in Federal Court Litigation, NLRA, Subpoenas
Judge James C. Dever, III of the Eastern District of North Carolina entered an order in NLRB v. Raleigh Restaurant Concepts, Inc., Case No. 5-15-CV-438-D (Aug. 12, 2016),  enforcing a subpoena duces tecum issued by the NLRB in connection with its investigation of an unfair labor practice charge filed by an independent contractor alleging that Raleigh… Continue Reading

Board Finds Management Rights Provision Too Vague

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
The National Labor Relations Board recently ruled in Graymont PA, Inc., 364 NLRB No. 37, that the Respondent violated Section 8(a)(5) and (1) of the National Labor Relations Act by unilaterally implementing changes to various policies and by failing to timely inform the Union that it did not possess information requested relevant to the policy… Continue Reading

More Employee Handbook Provisions Found to Violate the National Labor Relations Act

Posted in NLRA, Unions
On July 18, 2016, Administrative Law Judge Robert A. Giannasi (the “ALJ”) concluded that an employer violated the National Labor Relations Act (the “Act”) by maintaining employee handbook rules that 1) prohibited employees from conducting “personal business” while on the employer’s premises; 2) banned solicitation if it caused “discomfort or unreceptiveness”; 3) required the posting… Continue Reading

NLRB Reverses Long-Standing Rule To Allow Inclusion of Regular Employees and Third Party Employees in Single Bargaining Unit

Posted in Bush Board Reversal, Joint Employer, NLRA, NLRB, NLRB Decisions, Unions
In a much anticipated decision, the NLRB reversed existing precedent on temporary employees, holding that permanent employees and temporary staffing employees could be combined in the same bargaining unit without either the employer or the staffing agency’s consent. In its July 11, 2016 decision in Miller & Anderson, Inc., the NLRB overturned longstanding precedent, marking yet… Continue Reading

Ninth Circuit Holds NLRB Interim Order Not Subject to Immediate Judicial Review

Posted in Federal Court Litigation, NLRA, NLRB
On July 8, 2016, the Ninth Circuit Court of Appeals (the “Ninth Circuit”) held that a National Labor Relations Board (the “Board”) § 10(k) interim order resolving a dispute between rival unions over which union’s members should perform certain work is not a final agency order subject to federal court review.  Pac. Maritime Assoc. v.… Continue Reading

NLRB Finds An Ally: Seventh Circuit Invalidates an Arbitration Agreement’s Class and Collective Action Waiver

Posted in Federal Court Litigation, NLRA, NLRB
On May 26, 2016, the Seventh Circuit issued its decision in Lewis v. Epic Systems Corporation, Case No. 15-2997, holding that an arbitration agreement providing “that covered claims will be arbitrated only on an individual basis” and that employees “waive the right to participate in or receive money or any other relief from any class, collective,… Continue Reading

The Battle Over the Status of Uber and Lyft Drivers Continues

Posted in Federal Court Litigation, NLRA, State/Local Issues, Unfair Labor Practices
Uber and Lyft have seen a number of attacks challenging the status of their independently contracted drivers in an effort to force both companies to reclassify and/or treat their drivers as employees. A recent example was a local ordinance enacted in Seattle, Washington, allowing drivers working for ride-hailing companies like Uber and Lyft the right to unionize. Specifically, the ordinance,… Continue Reading

Electrical Subcontractor Cannot Catch a Break from the Eighth Circuit

Posted in Duty to Bargain, Federal Court Litigation, NLRA, NLRB, Unfair Labor Practices
On February 9, 2016, the Eighth Circuit Court of Appeals held that National Labor Relations Board (the “Board”) properly concluded that an electrical subcontractor violated the National Labor Relations Act when it unilaterally changed its employee break policy without affording the employees’ union an opportunity to bargain over the change. Parsons Electric, LLC v. NLRB,… Continue Reading

Eleventh Circuit Court of Appeals Overrules National Labor Relations Board; Holds That Stagehands Are Independent Contractors, Not Employees

Posted in Federal Court Litigation, NLRA, NLRB
Vacating a National Labor Relations Board (the “Board”) decision that a stagehand referral service violated the National Labor Relations Act by refusing to bargain with its stagehands’ union representative, on February 3, 2016, the Eleventh Circuit Court of Appeals held that the stagehands were independent contractors and not employees of the referral service.  In Crew… Continue Reading

Arizona Federal Court Grants § 10(j) Injunctive Relief to Stop Employer’s Alleged Labor Law Violations

Posted in Federal Court Litigation, NLRA, Unfair Labor Practices
In a April 30, 2014 General Counsel Memorandum, National Labor Relations Board (the “Board”) General Counsel Richard Griffin declared that his office would expand the pursuit of injunctions in federal court against employers in connection with union organizing and bargaining efforts. In particular, the Memorandum directed the Board’s regional offices to pursue aggressively § 10(j)… Continue Reading

Tenth Circuit Affirms National Labor Relations Board’s Decision to Disregard Interim Earnings When Calculating Backpay Award.

Posted in Federal Court Litigation, NLRA, Remedies
On January 20, 2016, the Tenth Circuit Court of Appeals affirmed the National Labor Relations Board’s (the “Board”) decision to disregard interim earnings when calculating the backpay awards for employees whose injuries fell short of unlawful termination. NLRB v. Community Health Services, Inc., No. 14-9614 (10th Cir. Jan. 20, 2016).  Rejecting the employer’s argument that… Continue Reading

Professors Petition NLRB to Grant Unions Right to Hold Captive Audience Meetings During Organizing Campaigns

Posted in NLRA, NLRB, NLRB Rule-Making, Representation Elections, Special Interests
On January 15, 2016, more than 100 professors from about 70 universities filed a rulemaking petition with the National Labor Relations Board requesting that the Board adopt a rule providing that where an employer holds “captive audience meetings” to express opposition to unionization, the union has a right upon request to equivalent access to address employees.… Continue Reading

Labor Relations Today Issues ‘Labor Law 2015: Year in Review’

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, Bush Board Reversal, Card Check, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Law 2015: A Year In Review. For most of 2015, the National Labor Relations Board consisted of five members and the general counsel — all Senate-confirmed. This Board and the White House continued aggressive efforts to overhaul traditional labor law administratively,… Continue Reading