Labor Relations Today

Labor Relations Today

Tag Archives: NLRB

NLRB’s General Counsel Issues Guidance Following Board’s PCC Structurals, Inc. Decision

Posted in Micro Units, NLRB, NLRB Decisions, Representation Elections, Uncategorized
In December 2017, the Office of the General Counsel issued Memorandum OM 18-05. This memorandum followed the Board’s decision in PCC Structurals, Inc., 365 NLRB No. 160 (Dec. 15, 2017), which overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011) and reinstated the traditional community-of-interest standard for determining the appropriateness of… 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

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

Board Finds Rule Prohibiting Recordings in the Workplace Unlawful

Posted in NLRA, NLRB, NLRB Decisions
Keeping with its trend of invalidating common workplace rules, the National Labor Relations Board, in a 2-1 decision issued on December 24, 2015 in Whole Foods Market, Inc., 363 NLRB No. 87, found that an employer’s rule prohibiting recording of company meetings or conversations in the workplace violated Section 8(a)(1) of the National Labor Relations… Continue Reading

District Court Denies NLRB’s Request for Injunctive Relief

Posted in NLRB, Unfair Labor Practices
On December 1, 2015, the United States District Court for the Northern District of Illinois denied the National Labor Relations Board’s (“NLRB” or the “Board”) request for interim injunctive relief pending the final disposition of Board proceedings against Employer Arlington Metals Corporation (“AMC”). In the underlying Board proceedings, AMC faces unfair labor practice charges stemming… Continue Reading

NLRB Considers Whether to Overrule 11-Year Old Precedent Holding That Graduate Students Are Not Employees Under the NLRA

Posted in NLRA, NLRB, NLRB Decisions
Earlier this month, we posted about a Regional Director’s dismissal of a petition filed by an organizing committee of the United Auto Workers (UAW) seeking to represent various student assistants at Columbia University in New York.  The UAW has filed a request for review in that case which is currently pending before National Labor Relations Board (NLRB).  In a… Continue Reading

Fifth Circuit Reverses Board Decision on Lawfulness of Arbitration Agreements Once Again

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
In Murphy Oil USA, Inc. v. National Labor Relations Board, a three-judge panel of the United States Court of Appeals for the Fifth Circuit again held, contrary to the NLRB, that an employer does not commit an unfair labor practice by requiring its employees to sign arbitration agreements.  In doing so, the Fifth Circuit followed… Continue Reading

Board Finds Deferral to Arbitration Inappropriate Where Employer Clearly Violated the Express Terms of the Collective Bargaining Agreement

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
In Oakland Physicians Medical Center, LLC, 362 NLRB No. 129 (July 22, 2015), the National Labor Relations Board both rejected the employer’s request for deferral to arbitration and found that the employer violated the National Labor Relations Act by making unilateral changes to employee health care coverage, including the premiums paid by the employees, during… Continue Reading

The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015

Posted in Amici Briefs, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, NLRA, NLRB, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Representation Elections, Senate, State/Local Issues
1.  Will the Courts Uphold the New Expedited Election Rules? The National Labor Relation Board’s new expedited election rules took effect on April 14, 2015, but not before two lawsuits could be filed seeking to invalidate them in January 2015. The first lawsuit was filed by business groups, including the U.S. Chamber of Commerce, in… Continue Reading

@LRToday Morning Round-Up: April 8, 2014

Posted in House of Representatives, Media Round-Up, NLRA, NLRB, NLRB Rule-Making, Representation Elections, Unfair Labor Practices, Unions
Board Declines GOP Request To Extend Election Comment Period: Ben James of Law360 ($$) writes that the National Labor Relations Board has declined a request from John Kline (R-MN), the chairman of the House Education and Workforce Committee, to extend the open comment period for the Board’s "quickie election" rule.  Board Chairman Mark Gaston Pearce, in a short… Continue Reading

@LRToday Morning Round-Up: April 7, 2014

Posted in Media Round-Up, Negotiations, NLRA, NLRB, Representation Elections, Unions
Northwestern Coach Talks Union: R. Cory Smith at BleacherReport.com writes that Northwestern University football coach Pat Fitzgerald has spoken publicly about whether football players at Northwestern should form a labor union.  The players are set to vote on April 25 after a National Labor Relations Board regional director determined the players were employees pursuant to the… Continue Reading

@LRToday Morning Round-Up: April 4, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
NW Football Election Set For April 25: Abigail Rubenstein of Law360($$) reports that Northwestern University football players will vote on April 25 of this year on whether to be represented by a union.  The election date was confirmed yesterday by National Labor Relations Board regional director Peter Sung Ohr.  Importantly, the results may stay secret for some… Continue Reading

@LRToday Morning Round-Up: April 3, 2014

Posted in Media Round-Up, Negotiations, NLRA, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
NW Football Hits The Hill: Tom Raum and Kimberly Heffling of the Associated Press report that yesterday, the Northwestern football players seeking to unionize took to Capitol Hill in an attempt to persuade lawmakers that they should be allowed bargain collectively.  While the collective bargaining rights of college athletes is not currently an issue before Congress, the… Continue Reading

@LRToday Morning Round-Up: April 2, 2014

Posted in Media Round-Up, Negotiations, NLRA, NLRB, Representation Elections, Unions
TN Offered Money To VW For SUV Line: Mike Pare and Andy Sher of the Times Free Press report that last August, Tennessee economic development officials offered Volkswagen a $300 million financial package to bring a new line of SUVs to VW’s Chattanooga, TN plant.  Dubbed Project Trinity, the incentive plan’s goal was to secure the SUV line for the… Continue Reading

@LRToday Morning Round-Up: April 1, 2014

Posted in Federal Court Litigation, House of Representatives, Media Round-Up, Negotiations, NLRA, NLRB, Representation Elections, Unions
Michigan Judge Allows Portions Of Right To Work Suit To Go Forward: Abigail Rubenstein of Law360 ($$) writes that yesterday, a federal judge sitting in Michigan issued a mixed ruling in a suit brought by several labor unions challenging Michigan’s "right to work" law.  U.S. District Judge Stephen J. Murphy III dismissed two of plaintiffs’ theories, but… Continue Reading

@LRToday Morning Round-Up: March 31, 2014

Posted in Media Round-Up, NLRA, NLRB, Unfair Labor Practices, Unions
Board ALJ Throws Out Another Class Waiver: Abigail Rubenstein of Law360 ($$) writes that last week, a National Labor Relations Board (NLRB) Administrative Law Judge ruled that an arbitration agreement between Domino’s Pizza and its employees violated federal labor law because it contained a class action waiver.  While the agreement allows workers to opt out within 30 days, ALJ Mindy… Continue Reading

@LRToday Morning Round-Up: March 28, 2014

Posted in Legislation, Media Round-Up, Negotiations, NLRA, NLRB, Representation Elections, Unions
Legislation Targets Ambush Election Rule: Ben James of Law360 ($$) writes that yesterday, Republicans in both the U.S. House and Senate introduced legislation designed to counter the National Labor Relations Board’s proposal to speed up union elections.  Senator Lamar Alexander (R-TN) and Congressman John Kline (R-MN) both stated that the bills were necessary to balance the scales because "this… Continue Reading

@LRToday Morning Round-Up: March 27, 2014

Posted in Media Round-Up, NLRA, NLRB, Persuader Rules, Representation Elections, Unions
Sec. Perez Considering Opposition To Persuader Rule: Abigail Rubenstein of Law360 ($$) writes that yesterday, Secretary of Labor Thomas Perez testified at a hearing that he was "listening to stakeholders’ concerns" regarding changes to the so-called "persuader activity rule."  Sec. Perez testified in front of the House Education and Workforce Protection Committee and assured the panel that he… Continue Reading

@LRToday Morning Round-Up: March 25, 2014

Posted in Media Round-Up, Negotiations, NLRB, Remedies, Representation Elections, Senate, Unions
Sodexo Employees Join UFCW At TCU: Daniel Salazar of TCU360.com reports that last night, employees working for Sodexo at Texas Christian University voted to join the United Food and Commercial Workers (UFCW) for the purpose of collective bargaining.  The petition for election was filed on February 10 and the final vote count was 89 for, 63 against. … Continue Reading

@LRToday Morning Round-Up: March 24, 2014

Posted in Media Round-Up, Negotiations, NLRA, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
Public Opinion Against Paying College Athletes, Poll Finds: Alex Prewitt of the Washington Post reports that findings in a recent poll conducted by ABC News and the Washington Post reveal that almost two-thirds of the general public oppose paying college athletes more money than the scholarships they are currently offered.  The numbers will be a boost to the… Continue Reading

@LRToday Morning Round-Up: March 21, 2014

Posted in Media Round-Up, Negotiations, NLRA, NLRB, Representation Elections, Senate, State/Local Issues, Unions
Briefs Filed In Northwestern Football Row: Bill Donahue of Law360 ($$) writes that this past week, both the Northwestern Football Players and the University submitted briefs to the National Labor Relations Board regarding whether the players should be allowed to hold a union election under the auspices of the National Labor Relations Act.  The players, represented by… Continue Reading

@LRToday Morning Round-Up: March 20, 2014

Posted in Media Round-Up, Negotiations, NLRA, NLRB, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Chamber, Other Biz Orgs. Seeking Info On NLRB Election Proposals: Ben James of Law360 ($$) reports that this past Tuesday, several major business associations, including the U.S. Chamber of Commerce and the Retail Industry Leaders Association penned a Freedom of Information Act (FOIA) request concerning the National Labor Relations Board’s proposal to change its election procedures.  In particular, the FOIA request… Continue Reading

@LRToday Morning Round-Up: March 18, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, NLRB, Pensions, Representation Elections, Unions
Board Argues Jurisdictional Authority In 10th Circuit: Natalie Rodriguez of Law360 ($$) writes that yesterday, the National Labor Relations Board filed a brief with the Tenth Circuit, arguing that the court should compel the Chickasaw Nation to submit to the Board’s jurisdiction.  The brief further provides that the court should direct the Chickasaw Nation to tell its… Continue Reading

@LRToday Morning Round-Up: March 17, 2014

Posted in Media Round-Up, Negotiations, NLRB, Representation Elections, Unfair Labor Practices, Unions
Board Files Complaint Against Grain Handler And Union: Mateusz Perkowski of the Capital Press writes that last week, the National Labor Relations Board filed unfair labor practice charges against both a grain handler and the International Longshore and Warehouse Union (ILWU).  The ULPs arise out of a contract dispute between United Grain, located in Vancouver, WA, and… Continue Reading