On August 27, the National Labor Relations Board (NLRB or the Board), in a 3-2 vote along party lines, adopted a new standard for determining whether an employer who uses third party contractors is a “joint employer.” Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015). The new standard will make it easier for… Continue Reading
In a ruling on August 17, 2015, the National Labor Relations Board (NLRB) decided that it should not exercise jurisdiction over the unionization attempts by Northwestern football players. The NLRB “punted” the issue and declined to decide whether the football players were employees permitted to unionize under the National Labor Relations Act.
Bass, Berry & Sims attorney Tim Garrett wrote an article summarizing the SEC’s April 1 announcement that it had settled an enforcement action over an employer’s use of a restrictive confidentiality agreement. Tim made the point that the SEC’s action was consistent with similar efforts by the National Labor Relations Board and the Equal Employment… Continue Reading
Bass, Berry & Sims attorneys Michael Moschel, Tim Garrett and Dustin Carlton authored the article “NLRB’s Expansive View: The Northwestern ‘Football’ Ruling and Why Inside Counsel Should Care,” that was published by InsideCounsel on November 13. In the article, the authors discuss how the recent NLRB decision in the Northwestern University case may indicate a… Continue Reading
On October 28, 2014, the National Labor Relations Board (the “Board”) again held that employers violate Section 7 of the National Labor Relations Act (“NLRA”) when they require employees to sign class action waivers as a condition of their employment. The Board first so held in D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 3,… Continue Reading
The National Labor Relations Board (NLRB), in agreeing with an administrative law judge’s (ALJ) April 2013 ruling, has held that suspending and discharging a union member for refusing a drug and alcohol test after the employee demanded union representation is a direct violation of the National Labor Relations Act (NLRA).
Can sandwich shop employees be protected from discipline even though they suggest to the public that sandwiches may be contaminated by sick workers? Yes, said the NLRB The decision affirms a continuing trend of cases that are significantly pro-employee.
Earlier this week, in a 3-1 decision in Macy’s Inc., the NLRB applied its controversial Specialty Healthcare decision in holding that an appropriate bargaining unit consists of employees in the cosmetics and fragrances department at a Boston-area Macy’s store, one of 11 store departments, and excludes all other sales employees at the store. This is… Continue Reading
In a landmark decision, the United States Supreme Court ruled yesterday that President Obama’s three recess appointments to the National Labor Relations Board (NLRB) were unconstitutional. Click here for the ruling. President Obama had relied upon the Constitution’s Recess Appointments Clause to appoint three members of the NLRB. The Court ruled, however, that the “pro… Continue Reading
In a short ruling issued Thursday, April 24, the National Labor Relations Board (NLRB) granted Northwestern University’s request for review of a regional director’s decision that Northwestern football players are primarily employees and therefore can be represented by a union. Readers will recall the extensive discussion triggered first by a petition for representation filed in… Continue Reading
National Labor Relations Board (NLRB) Regional Director has set April 25 as the date for the union vote for Northwestern University’s scholarship football players. As readers of this blog will recall, that vote will determine whether the scholarship football players elect the College Athletes Players Association (CAPA) as their bargaining representative. It is still not… Continue Reading
Is this the beginning of the end of college football as we know it? Some argue that the end already has begun, with the “big money” of television and the corresponding commercialization prevalent in the sport. Some argue that in today’s major college football and basketball, the phrase “student-athlete” is a misnomer. Has the end… Continue Reading
Readers of this blog will recall our post on January 30 of this year, found here, regarding the effort by certain Northwestern University football players to unionize scholarship players on the team. Many pundits (including this one) predicted that even this National Labor Relations Board (NLRB) would not find that the players were employees. Wrong (at… Continue Reading
Readers of our series of posts on D.R. Horton will recall our prediction that the National Labor Relations Board (NLRB or the Board) would continue its attacks on certain arbitration agreements. As predicted, the NLRB’s administrative law judges (ALJ) continue to strike down any arbitration agreements that waive class or collective action claims and allow… Continue Reading
Much speculation abounds regarding why workers at the Volkswagen (VW) plant in Chattanooga rejected the United Auto Workers’ (UAW) in a recent vote. Factors appeared to be aligning in favor of the UAW, such as Statements of support for the union from VW representatives in Germany. Access to the plant for union organizers. Promise of… Continue Reading
The National Labor Relations Board (NLRB) has found that Volkswagen (VW) did not commit unfair labor practices (ULPs) in the support its German parent company showed to the United Auto Workers’ union (UAW) at VW’s plant in Chattanooga. Despite apparent opposition from members of management at the Chattanooga VW plant, and despite concern expressed by… Continue Reading
A group of football players at Northwestern University has teamed with the United Steelworkers Union and formed a labor union, the College Athletes Players Association (CAPA). What’s more, the players have filed a petition with the National Labor Relations Board (NLRB), at its regional office in Chicago, to have CAPA recognized as the players’ exclusive… Continue Reading
Readers of a previous post will recall that in December 2013, the Fifth Circuit Court of Appeals rejected the view of the National Labor Relations Board (NLRB or the Board) in the significant D.R. Horton ruling. There, the Fifth Circuit held that an arbitration agreement that requires employees to arbitrate all employment disputes but restricts… Continue Reading
In a split decision, the Fifth Circuit Court of Appeals has rejected the view of the National Labor Relations Board (the Board). According to the Court’s majority opinion, an arbitration agreement that requires employees to arbitrate all employment disputes but restricts the arbitration proceedings to individual arbitrations only (i.e., not allowing class or collective arbitrations)… Continue Reading
“Micro-unit” is the term used to refer to a small portion of the total number of employees at a particular worksite which a labor union seeks to represent. Recent decisions by the National Labor Relations Board (“NLRB” or the “Board”) have raised employers’ concerns that unions will focus organizational efforts on such small groups, or… Continue Reading
The U.S. Supreme Court has agreed to review whether the National Labor Relations Board (“NLRB”) has a sufficient number of members to issue rulings. The Supreme Court will review the decision of the District of Columbia Circuit in NLRB v. Noel Canning Div. of Noel Corp.. There, the D.C. Circuit ruled that the NLRB lacked… Continue Reading
On May 7, the U.S. Court of Appeals for the District of Columbia struck down the NLRB’s 2011 rule requiring businesses to post notice of employee rights under the National Labor Relations Act. The court found that the rule violated the constitutional right to free speech. The one-sided NLRB rule requires employers to post a… Continue Reading
The NLRB recently ruled that an employer who is imposing “discretionary” and “material” discipline must consult with the union before doing so if that union has won a representation election but has not yet agreed to an initial contract. The NLRB described its ruling as the first in its “doctrinal context.” The issue was whether… Continue Reading
WKYC-TV, Gannet Co., Inc., 359 NLRB No. 30 (2012) Reversing 50 years of settled precedent, the NLRB recently ruled that a “dues check-off” provision in a union contract continues to require an employer to deduct union dues from employees’ paychecks even after the union contract expires. This ruling shows the Board’s continuing path of “pro-union”… Continue Reading