Labor Relations Today

Labor Relations Today

Tag Archives: Representation Elections

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 to Decide Whether It Can Impose Mixed Units of Both Solely and Jointly Employed Workers

Posted in NLRA, NLRB Decisions, Representation Elections
For those that have followed developments in labor law over the years, it should come as no surprise that the National Labor Relations Board is again visiting the issue of whether it can direct a representation election for a unit consisting of both jointly employed temporary workers and regular workers employed solely by the user… Continue Reading

NLRB Sets Aside Election Results Due to Bonuses Paid During Critical Period

Posted in NLRB Decisions, Representation Elections
In SBM Management Services, 362 NLRB No. 144 (July 8, 2015), the National Labor Relations Board held that an employer’s distribution of bonuses to 11 employees in a bargaining unit of approximately 35 employees just days before a vote on union representation violated Section 8(a)(1) of the National Labor Relations Act and ordered that a… 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 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

March Madness? NLRB Regional Director Finds Northwestern’s Football Players are Employees Under the NLRA

Posted in NLRA, Representation Elections, Special Interests, Unions
In a decision that could forever change collegiate sports as we know it, the Regional Director for Region 13 of the National Labor Relations Board today found that the football players at Northwestern University are "employees" under the National Labor Relations Act ("the Act"). As a result, the Regional Director directed an election be conducted in… 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

@LRToday Morning Round-Up: March 14, 2014

Posted in Federal Court Litigation, Media Round-Up, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
Board Seeks Rehearing On 5th Circuit’s D.R. Horton Ruling: Abigail Rubenstein of Law360 ($$) writes that yesterday, the National Labor Relations Board asked the 5th Circuit to rehear the appeal of the Board’s now-infamous D.R. Horton decision.  Arguing that the 5th Circuit had misinterpreted Supreme Court precedent, the Board’s position appears to be that the cases the 5th Circuit relied… Continue Reading

@LRToday Morning Round-Up: March 13, 2014

Posted in Media Round-Up, Negotiations, NLRB Administration, Remedies, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
UAW Rages Over NLRB Intervention Decision: Ben James of Law360 ($$) writes that yesterday, the United Auto Workers issued a strong statement railing against the National Labor Relations Board regional director’s decision to allow several anti-union employees to intervene in the union’s bid to nix last month’s election loss.  Calling the ruling an "outrage," the union vowed to appeal the… Continue Reading

@LRToday Morning Round-Up: March 12, 2014

Posted in Media Round-Up, Negotiations, NLRB Misc., Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Board RD Allows Anti-Union Employees To Intervene In UAW Protest: Abigail Rubenstein of Law360 ($$) writes that Monday, a National Labor Relations Board regional director decided that workers who oppose unionization at Volkswagen’s Chattanooga, TN plant could intervene in the United Auto Worker’s (UAW) suit to throw out the election results.  The five intervenors, represented by the National Right to Work… Continue Reading

@LRToday Morning Round-Up: March 11, 2014

Posted in Media Round-Up, Negotiations, NLRB Misc., Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
ULPs Filed Against Locked Out MLS Referees: The Associated Press reports that the Professional Referee Organization, the entity responsible for managing Major League Soccer’s officials, has filed an unfair labor practice charge against the Professional Soccer Referees Association (PRSA).  PRSA, the union representing currently locked-out MLS referees, had previously filed unfair labor practice charges against PRO.  PRO maintains that… Continue Reading

Department of Labor Postpones New Persuader Rule Again; No Publication Date Set

Posted in Department of Labor, Persuader Rules, Representation Elections
Yesterday a Department of Labor spokesman informed Bloomberg BNA that its final rule regarding the “advice exception” to the so-called “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA) will not be issued in March as announced back in November, 2013. According to the article, the DOL spokesman provided no details for the… Continue Reading

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