Labor Relations Today

Labor Relations Today

Category Archives: Representation Elections

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Union Cancels Election, Blames Hospital

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Earlier this week, the New York State Nurses Association (the Union) withdrew an election petition at St. Mary’s Hospital in New York.  The petitioned-for unit covered about 250 registered nurses.  The vote was originally scheduled for September 25, but the union ended its campaign despite purportedly having majority support among nurses because “tactics employed by … Continue Reading

Regional Director Orders Election at NYC Bike Share, Unit To Include Seasonal Employees And Purported Supervisors

Posted in NLRA, NLRB Decisions, Representation Elections
In a Decision and Direction of Election dated August 20, 2014, the Regional Director for Region 2 of the National Labor Relations Board in Manhattan directed an election to determine whether NYC Bike Share LLC employees will be represented by the Transportation Workers Union.  The employer operates Citi Bike in New York City, the nation’s … Continue Reading

LaVerne Adjuncts Pull Election Petition

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Earlier this week, union organizers working with adjunct professors at LaVerne University in California made the unusual move to withdraw their petition for a representation election.  The adjuncts actually held an election, which was supervised by the National Labor Relations Board in February of this year.  However, the votes were initially impounded and have yet … Continue Reading

Northwestern, CAPA Square Off In Reply Briefs

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Both Northwestern University and the College Athletes Players Association (CAPA) filed reply briefs with the National Labor Relations Board (NLRB) yesterday to further strengthen their respective positions regarding whether Northwestern’s football players should be able to form a labor union.  The reader may recall that the players filed a representation petition last January.  NLRB regional director Peter … Continue Reading

NBA Players Elect New Union Chief

Posted in Negotiations, Quick Hits, Representation Elections, Unions
The National Basketball Players Association (NBPA) elected Michele Roberts as its new union chief.  The union for NBA players was without an appointed executive since 2013, when former chief Billy Hunter stepped aside after an internal investigation.  Ms. Roberts becomes the first woman ever to head a major sports union. Interestingly, Ms. Roberts has few … Continue Reading

Employer wins in Bergdorf Goodman, but Specialty Healthcare Still Alive and Well

Posted in Micro Units, NLRB Decisions, Representation Elections
464858497On July 28, 2014, the National Labor Relations Board issued its long-awaited decision in Bergdorf Goodman, 361 NLRB No. 11 (2014), unanimously finding inappropriate the petitioned-for unit of “all women’s shoe sales associates” at the employer’s retail store on Fifth Avenue–even under the controversial test articulated in Specialty Healthcare. The outcome is somewhat surprising given the Board’s … Continue Reading

Top 10 NLRB Issues to Monitor the Rest of the Year

Posted in Expedited Elections, Micro Units, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Representation Elections, SCOTUS, Unfair Labor Practices
459895879UPDATED: JULY 29, 2014 1.  Aftermath of Noel Canning The Supreme Court determined in late June of this year that President Obama’s purported recess appointments to the National Labor Relations Board were unconstitutional.  Hundreds, or potentially even thousands, of Board decisions issued by the improperly-constituted Board could be affected by the Court’s ruling.  Administrative actions … Continue Reading

NLRB Finds Micro-Unit at Macy’s Appropriate; Effectively Eliminates Retail Industry’s Presumption of Wall-to-Wall Units

Posted in Micro Units, NLRA, NLRB, Representation Elections, Unions
The National Labor Relations Board yesterday issued the long-awaited Macy’s, Inc. decision.  The Board majority consisting of Chairman Pearce and Members Hirozawa and Schiffer determined that the petitioned-for unit of cosmetics and fragrance employees at a Macy’s retail store is appropriate, while Member Miscimarra dissented by asserting that not only is the petitioned-for unit inappropriate, … Continue Reading

UAW Opens Local In Chattanooga, TN

Posted in Quick Hits, Representation Elections, Unions
The United Auto Workers are seemingly going back to the future.  Last week, the UAW opened a new local, Local 42, only a few miles from Volkswagen’s Chattanooga plant in Tennessee.  The reader may recall that the UAW was defeated in a union election at VW’s Chattanooga plant earlier this year, despite VW’s pledge to … Continue Reading

Northwestern To Board: Football Players Are Not Employees

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Late last week, Northwestern University filed its brief with the National Labor Relations Board, arguing that student-athletes who play football at the university should not be considered employees for purposes of the National Labor Relations Act.  In a decision rendered this past March, a Board regional director determined that football players at Northwestern were employees, and … Continue Reading

Board Pushes OK Foods For Re-Run Election

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Last week, the director of the National Labor Relations Board’s region 14 sent a letter to OK Foods stating that the Board will issue a formal complaint against OK Foods if the chicken-processer does not allow a re-run election.  The letter provided that the Board has received 18 separate allegations that management officials committed unfair … Continue Reading

SEIU Pushing Adjunct Unions In MN

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Tom Steward at Watchdog reports that the Service Employees International Union have chosen to cancel a union election at Macalester College in St. Paul, MN.  Accordingly, should the SEIU begin another organizing campaign, the union would have to refile an election petition with the National Labor Relations Board. However, the SEIU has had better luck … Continue Reading

MN Charter School Unionizes

Posted in NLRA, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Earlier this week, @LRToday reported on a union vote at St. Paul’s Community School of Excellence in St. Paul, MN.  In an unsurprising development, teachers and faculty at the charter school have voted to join the Education Minnesota labor union.  In a short statement, an Education Minnesota official told reporters that the vote had been … Continue Reading

MN Charter School Teachers To Hold Union Vote

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
The Twin Cities Pioneer Press reports that faculty employed by The Community School of Excellence in St. Paul, Minnesota will vote tomorrow on whether to form a labor union.  If the school’s 120 eligible employees elect to join Education Minnesota, the faculty will become only the second unionized charter school in the state.    The chair of … Continue Reading

Board Impounds Seattle Adjunct Ballots

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
In a move that does not come as a surprise to labor watchers, the National Labor Relations Board has impounded ballots cast by adjunct faculty working at Seattle University.  The voting ended June 2, but the controversy over whether the adjunct professors and faculty will likely last much longer.  University officials have appealed the Board’s … Continue Reading

VW Employees Dismiss Neutrality Pact Suit

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Last week, the three anti-union Volkswagen employees who filed suit against the automaker and the United Auto Workers (UAW) in federal court chose to dismiss their case.  The employees filed suit earlier this spring against VW and the UAW, claiming that the parties had entered into an illegal “neutrality pact.”  VW pledged to remain unbiased throughout … Continue Reading

Feds Argue Propriety Of Neutrality Pacts

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
The U.S. Department of Justice, the U.S. Department of Labor, and the National Labor Relations Board filed a joint statement of interest in the ongoing litigation surrounding the propriety of a “neutrality pact” between the United Auto Workers and Volkswagen this week, arguing that the pact did not violate the Labor Management Relations Act.  In … Continue Reading

UAW Looks To Nix Neutrality Pact Suit

Posted in Federal Court Litigation, NLRA, Quick Hits, Representation Elections, Unions
Last Friday, the United Auto Workers (UAW) filed a motion to dismiss in its current lawsuit against three anti-union Volkswagen plant workers, arguing that the union’s neutrality pact with VW did not violate federal anti-bribery provisions.  The workers alleged in pertinent part that a pre-election neutrality agreement brokered between the UAW and VW amounted to … Continue Reading

Board RD Green Lights Hospital Resident Physicians Election

Posted in NLRA, NLRB Administration, Representation Elections, Unions
Earlier this week, a Regional Director of the National Labor Relations Board held that resident physicians at Beth Israel Medical Center in New York, NY were employees pursuant to Section 2(3) of the National Labor Relations Act.  Accordingly, Regional Director Karen P. Fernbach of Board Region 2 in New York ordered a representation election, wherein … Continue Reading

Northeastern Adjuncts Unionize

Posted in NLRB, Quick Hits, Representation Elections, Unions
Following a trend that has been gaining steam for the past year or so, adjunct faculty at Northeastern University have elected to form a labor union.  The ballots were counted by a National Labor Relations Board official yesterday.  The Service Employees International Union reports that, of the 961 adjuncts eligible to vote, 326 voted to … Continue Reading

No Hearing Necessary for NLRB to Overrule Objection to Union Flyers Misrepresenting How Employees Intended to Vote

Posted in NLRB Decisions, Representation Elections
In Durham School Services, 360 NLRB No. 108 (2014), the union won the election by a vote of 112 to 74, but the employer filed several objections, one of which asserted that the union deceived voters by distributing a campaign flyer that contained pictures of eligible voters and statements misrepresenting their intent to vote for … Continue Reading