In a recent Advice Memorandum (Pacific 9 Transportation, Inc. (Pac 9), dated December 18, 2015, but released August 26, 2016), the National Labor Relations Board’s (NLRB or the Board) General Counsel (the General Counsel) took the position that misclassifying employees as independent contractors and advising them that only “employees” had a right to request union… Continue Reading
The National Labor Relations Board (NLRB) recently made it easier for unions to force joint employers to recognize and bargain with unions. In its decision in Miller & Anderson, Inc., 364 NLRB No. 39 (July 11, 2016), the NLRB made it more likely that joint employers (now defined broadly under other NLRB precedent) will be forced… Continue Reading
Bass, Berry & Sims attorney Michael Moschel discussed the significance of the appeals court decision in MikLin Enterprises Inc. v. National Labor Relations Board regarding protected concerted activity for employees. In the case, the court upheld an earlier NLRB decision that found MikLin Enterprises violated sections of the National Labor Relations Act by terminating and… Continue Reading
The United Auto Workers (UAW) is celebrating a rare win among Southern auto plants, after a small unit of maintenance workers at the Volkswagen plant in Chattanooga, Tennessee voted to unionize. The unit makes up only 12% of the 1,400 production and maintenance workers, and they voted 108-44 in favor of the UAW. VW is… Continue Reading
Bass, Berry & Sims attorney Bill Ozier commented on the outcome of the latest union vote at the Volkswagen (VW) plant in Chattanooga, Tennessee. The company’s skilled maintenance employees at the VW plant in Chattanooga voted last week to designate the UAW as their collective bargaining representative. The vote among this smaller group of employees… 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 Michael Moschel was quoted in a Modern Healthcare article that outlined the details of a Supreme Court case (Friedrichs vs. California Teachers Association) in which the court will decide whether unions can continue to collect fees from non-members as long as those fees are not used for political purposes. In… Continue Reading
Employers have long been concerned about the privacy of their confidential data. Part of this concern, of course, relates to hackers who, for malicious or profit-driven motives, gain unlawful access to the employer’s system. This can lead to a host of problems, including liability for failing to take proper precautions to protect the data and… Continue Reading
On December 12, the National Labor Relations Board (the “Board”) finalized a new rule amending its representation case procedures. Employers should be aware of how the new rule will affect union organization in the workplace. The rule is aimed at “streamlining and modernizing” union election procedures so as to “expeditiously resolv[e] questions of representation.” The… Continue Reading
Bass, Berry & Sims attorneys Tim Garrett, Michael Moschel and Dustin Carlton authored the article “Handling Workplace Issues in a Politically Charged Climate” that was published by InsideCounsel on December 17. Citing heightened public interest in an employer’s response to workplace harassment due to recent high profile NFL scandals, the authors remind employers about best… Continue Reading
Bass, Berry & Sims attorneys Tim Garrett, Michael Moschel and Dustin Carlton authored the article “Analyzing Recent NFL Scandals: Is Some Conduct Ever ‘Off Duty’?” that was published by InsideCounsel on December 4. In the article, the authors discuss recent allegations involving off-duty behavior of NFL players and how the league responded to the behavior…. 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
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 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
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
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
“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
On June 24, the U.S. Supreme Court agreed to consider whether a neutrality agreement between Hollywood Greyhound Track Inc. d/b/a Mardi Gras Gaming (“Mardi Gras”) and UNITE HERE Local 355 (“UNITE HERE”) violated Section 302 of the Labor Management Relations Act (“LMRA”). A “neutrality agreement” is an agreement between an employer and a union by… 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 Bureau of Labor Statistics reported today that in 2012, U.S. labor unions saw their sharpest decline in membership ever. The unionization rate fell from 11.8 percent to 11.3 percent of all workers, the lowest level since the 1930s. Here is a link to the report.