Tag archives: NLRA

NLRB Proposes New Rule Impacting Union Elections and Voluntary Recognition

By Kevin MacNeill on November 3, 2022 Posted in United States

The National Labor Relations Board is proposing to rescind its current rule that allows: Representation elections to proceed even when there are pending unfair labor practice charges alleging employee free choice has been compromised; Challenges to the representative status of a voluntarily recognized before there has been a reasonable period for collective bargaining; and, Election … Continue reading

D.C. Circuit vacates NLRB’s order on port union recognition

By Kevin MacNeill on October 17, 2022 Posted in United States

Global Workplace Insider - A Norton Rose Fulbright Blog

In a recent decision, Everport Terminal Services, Inc. v. National Labor Relations Board, the United States Court of Appeals for the District of Columbia Circuit granted petitions for review and vacated the National Labor Relations Board’s (NLRB) ruling that an employer had committed an unfair labor practice by favoring one mechanics’ union over another. Everport … Continue reading

NLRB Gives Notice of Proposed Rulemaking on Joint-Employer Standard

By Kevin MacNeill on September 6, 2022 Posted in United States

The National Labor Relations Board (NLRB) has embarked upon notice and comment rulemaking to replace the final rule concerning joint employer status that has been in place since April 2020. Section 2(3) of the National Labor Relations Act (Act) generally provides that the term “employee” under the Act is not limited to an employee of … Continue reading

US employment law considerations for COVID-19 coronavirus

By Joseph Dole (US), Marjorie Glover (US), Nandini Rao (US) and Andrew Yeh (US) on March 6, 2020 Posted in Coronavirus, North America, United States

COVID-19, the 2019 novel coronavirus (“COVID-19” or the “coronavirus”) is naturally on the minds of US employers as the number of cases in the US continues to rise. Although the Centers for Disease Control is still advising that most people in the US have a low immediate risk of exposure, that could change and employers … Continue reading

Time to update your employee handbook

By Dennis Jackson (US) on November 3, 2016 Posted in United States

For many employers, the arduous task of reviewing and revising an employee handbook may occur as infrequently as every leap year, or worse, only after a law suit has been filed. However, recent decisions by the National Labor Relations Board (Board) should cause employers to take a much closer look at their employee policies and … Continue reading

Ninth Circuit adds to circuit split regarding enforceability of class action waivers

By Shafeeqa Watkins Giarratani (US), Andrew Yeh (US) and Jesika Blanco (US) on August 31, 2016 Posted in United States

On August 22, 2016, the U.S. Court of Appeals for the Ninth Circuit joined the Seventh Circuit in finding that an employer violates the National Labor Relations Act (“NLRA”) by requiring employees to sign an agreement including a class arbitration waiver. In Morris v. Ernst & Young, plaintiffs were required to sign “concerted action waivers” as a … Continue reading

NLRB allows student assistants to form union

By Dennis Jackson (US) on August 24, 2016 Posted in United States

In the much anticipated Columbia University decision, the National Labor Relations Board reversed its most recent precedent and held that student teaching assistants at private colleges and universities are statutory employees under the National Labor Relations Act and may therefore vote to form a union. This decision is a return to an earlier decision by … Continue reading

You are not the boss of me…or ARE you?

By Norlynn Price (US) on August 31, 2015 Posted in United States

On August 27, 2015 the National Labor Relations Board (NLRB), in a high-impact, 3-2 decision along party lines, handed labor unions a significant advantage in their enforcement of collective bargaining laws by significantly modifying its longstanding “joint employer” standard. The ruling will surely leave countless businesses potentially liable for violations of labor laws committed by … Continue reading

NLRB passes on football players’ employee status

By Barbara D'Aquila, Margaret Rudolph (US) and Dennis Jackson (US) on August 19, 2015 Posted in United States

On August 17, 2015, the National Labor Relations Board (NLRB) declined to assert jurisdiction to determine whether the Northwestern University (Northwestern) scholarship football players should be considered employees under the National Labor Relations Act (NLRA). In April, we reported that the Regional Director of Region 13 of the NLRB found that scholarship football players from … Continue reading