Tag archives: NLRB

Monitoring and Management Tech is on the NLRB’s Radar

Photo of Kevin MacNeillBy Kevin MacNeill on Posted in United States
On October 31, 2022 the General Counsel of the National Labor Relations Board released a memo urging the Board to adopt a “new framework” for protecting employees from “intrusive or abusive” forms of electronic monitoring and automated management technologies that interfere with employee rights to self-organize and to engage in collective bargaining under Section 7 … Continue reading

NLRB Proposes New Rule Impacting Union Elections and Voluntary Recognition

Photo of Kevin MacNeillBy Kevin MacNeill on 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

Photo of Kevin MacNeillBy Kevin MacNeill on Posted in United States
Global Workplace Insider - A Norton Rose Fulbright BlogIn 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

D.C. Circuit Draws Line Between Protected Labor Activities and Discipline-Worthy Employee Misconduct

Photo of Kevin MacNeillBy Kevin MacNeill on Posted in United States
Section 7 of the National Labor Relations Act (Act) gives employees the right to form unions, bargain collectively and to “engage in other concerted activities for the purpose of … mutual aid or protection”. Speaking out about conditions of employment on behalf of a group of employees would fall  within this protection. And, section 8 … Continue reading

9th Circuit Says NLRB Can Order Employer to Pay Union’s Legal Fees Incurred in Collective Bargaining

Photo of Kevin MacNeillBy Kevin MacNeill on Posted in United States
The National Labor Relations Act (Act) states that it is an unfair labor practice for an employer to refuse to bargain collectively with its employee representatives (i.e. a union). Recently, the United States Court of Appeals for the 9th Circuit confirmed that when this happens, an employer may have to reimburse its union the legal … Continue reading

When responding to a union’s request for information, employers should look before they leap

Photo of Kevin MacNeillBy Kevin MacNeill on Posted in United States
A recent National Labor Relations Board decision, General Aire Systems, Inc. (371 NLRB No. 120), reminds employers of some pitfalls they may face when handling a union’s request for information, and steps that may be taken to minimize associated legal risks. By way of background, when a union has a collective bargaining relationship with an … Continue reading

Time to update your employee handbook

Photo of Dennis Jackson (US)By Dennis Jackson (US) on 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

Photo of Shafeeqa Watkins Giarratani (US)Photo of Andrew Yeh (US)Photo of Jesika Blanco (US)By Shafeeqa Watkins Giarratani (US), Andrew Yeh (US) and Jesika Blanco (US) on 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

Photo of Dennis Jackson (US)By Dennis Jackson (US) on 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?

Photo of Norlynn Price (US)By Norlynn Price (US) on 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

The New School graduate students seek review of dismissal of petition

Photo of Douglas Catalano (US)Photo of Bennett Kaspar (US)By Douglas Catalano (US) and Bennett Kaspar (US) on Posted in United States
In a decision issued on February 6, 2015 the Regional Director of the National Labor Relations Board, Region 2, dismissed a petition for union representation with The New School filed by a putative labor organization, Student Employees at The New School (SENS), which is affiliated with the UAW. SENS filed its petition for recognition as … Continue reading

NLRB passes on football players’ employee status

Photo of Barbara D'AquilaPhoto of Margaret Rudolph (US)Photo of Dennis Jackson (US)By Barbara D'Aquila, Margaret Rudolph (US) and Dennis Jackson (US) on 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

Who’s reading your email? Purple Communications and fighting the urge to cyber-spy

Photo of Arthur F. SilbergeldPhoto of Jennifer WiegleyBy Arthur F. Silbergeld and Jennifer Wiegley on Posted in United States
This month, a divided National Labor Relations Board held in Purple Communications, Inc. that employees have the right to use their employer-provided business email accounts for non-work purposes during non-work hours. In doing so, the Board reversed a 2007 precedent equating email with any other employer-owned property—seeing email as not much more than a real-life … Continue reading

Are scholarship football players employees? NLRB to hear appeal and take comments

Photo of Barbara D'AquilaPhoto of Margaret Rudolph (US)By Barbara D'Aquila and Margaret Rudolph (US) on Posted in United States
Earlier this year, the Regional Director of Region 13 of the NLRB found that scholarship football players at Northwestern University are “employees” under Section 2(3) of the National Labor Relations Act. Northwestern University v. College Athletes Players Association, Case 13-RC-121359 (N.L.R.B. Mar. 26, 2014). The Regional Director’s decision turned largely on the amount of control … Continue reading
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