NEWS & ANALYSIS
- Death of Justice Antonin Scalia may create 4-4 split in case involving public employee union agency fees - In January, the U.S. Supreme Court heard oral argument in Friedrichs v. California, a case in...more
2/25/2016
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Free Speech ,
Friedrichs v CA Teachers Association ,
Joint Employers ,
Justice Scalia ,
Longshoremen ,
NLRB ,
Persuader Rules ,
Public Employees ,
Right to Work ,
Teachers ,
UAW ,
Unfair Labor Practices ,
Union Dues ,
Volkswagen ,
Wage and Hour
U.S. Department of Labor moves forward with new "persuader" regulations, expected in March 2016 - As we have previously reported, the U.S. Department of Labor has long wanted to revise the "persuader" reporting rules under...more
The National Labor Relations Board granted yesterday the United Auto Workers’ petition for a union election at the Volkswagen facility in Chattanooga, Tennessee. The election will be in a “micro-unit” of skilled tradesmen at...more
Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more
10/29/2015
/ Airlines ,
Automotive Industry ,
Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Casinos ,
Commercial Bankruptcy ,
Employer Liability Issues ,
Fiat ,
Hiring & Firing ,
Hospitals ,
Injunctive Relief ,
Joint Employers ,
NLRA ,
NLRB ,
Preemption ,
Teamsters ,
Trump Administration ,
Union Dues ,
Union Elections ,
United Auto Workers ,
Volkswagen
On September 1, 2015, the National Labor Relations Board General Counsel, Richard F. Griffin, Jr., issued Memorandum GC 15-08, "Guidance Memorandum on Electronic Signatures to Support a Showing of Interest." In the...more
Last week, the National Labor Relations Board issued its long-awaited ruling in Browning-Ferris Industries and, as expected, changed the standard for determining joint-employer status. If the decision stands, it will...more
Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more
8/28/2015
/ Administrative Procedure Act ,
Barack Obama ,
Collective Bargaining ,
College Athletes ,
Confidential Witnesses ,
Fair Labor Standards Act (FLSA) ,
Fifth Amendment ,
First Amendment ,
Football ,
Internal Investigations ,
Joint Employers ,
NLRA ,
NLRB ,
Northwestern University ,
Pending Legislation ,
Political Debates ,
Protected Concerted Activity ,
Protests ,
Quickie Election Rules ,
Unions ,
Vacancies Act ,
Witness Statements
What are the labor implications of Supreme Court’s decision in King v. Burwell? -
On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more
6/30/2015
/ Affordable Care Act ,
Ambush Election Rules ,
Appeals ,
Canning v NLRB ,
Health Insurance ,
Health Insurance Exchanges ,
Individual Mandate ,
Joint Employers ,
King v Burwell ,
NLRB ,
Recess Appointments ,
SCOTUS ,
State Health Insurance Exchanges ,
Subsidies ,
Tax Credits ,
Unions
NLRB “quickie election” rule takes effect -
On April 6, President Obama vetoed a joint resolution of Congress that sought to block the “quickie election” rule issued by the National Labor Relations Board....more
4/29/2015
/ Ambush Election Rules ,
Confidentiality Agreements ,
Cyber Attacks ,
Joint Employers ,
KBR (formerly Kellogg Brown & Root) ,
NLRA ,
NLRB ,
Presidential Veto ,
Securities and Exchange Commission (SEC) ,
Unions ,
Wal-Mart
As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the...more
Massive labor disputes on two of three U.S. coasts - Large scale industry-wide labor disputes were in the news daily in early 2015. A West Coast port labor dispute between the International Longshore and Warehouse Union and...more
NEWS & ANALYSIS
- NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...more
12/24/2014
/ Ambush Election Rules ,
Antitrust Provisions ,
Arbitration ,
Arbitration Awards ,
Automotive Industry ,
Class Action Arbitration Waivers ,
D.R. Horton v NLRB ,
Deferral Standard ,
Email ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Independent Contractors ,
Joint Employers ,
Lyft ,
McDonalds ,
Misclassification ,
Murphy Oil USA ,
NCAA ,
NLRB ,
Protected Concerted Activity ,
Purple Communications ,
Sidecar ,
Taxi Cabs ,
Uber ,
Union Elections ,
Unions ,
Volkswagen ,
Wage and Hour
As we alerted you last week, on Monday the National Labor Relations Board published its long-awaited final rule on so-called "quickie" or "ambush" elections. The final rule is similar, but not identical, to a prior Board...more
The National Labor Relations Board decided 3-2 last week that employees covered by the National Labor Relations Act are presumptively entitled to access an employer's email systems for communicating under Section 7 of the...more
Last week, Volkswagen Group of America announced a "Community Organization Engagement" policy that will allow labor organizations to engage in what the company calls "constructive dialogue" with the company and employees at...more
Ebola crisis: the next big organizing issue? - Labor relations are already being affected by the Ebola crisis in the United States.
On October 8 and 9, at LaGuardia Airport in New York, approximately 75 non-union...more
NLRB extends Weingarten right of union representation to drug and alcohol test situations -
On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented...more
The U.S. Supreme Court unanimously ruled yesterday that President Obama's three "recess appointments" to the National Labor Relations Board made on January 4, 2012, were invalid because they were not in accord with the Recess...more
Overruling approximately 50 years of its own precedent, the National Labor Relations Board has decided that a union dues check off provision in a collective bargaining agreement will survive expiration of the agreement. The...more