By Kenneth R. Dolin The U.S. Circuit Court of Appeals for the District of Columbia recently enforced a Board order finding that an employer may not withdraw recognition based on anti-union employee petitions that it unlawfully assisted, even absent specific proof of the misconduct’s effect on employee choice. SFO Good-Nite Inn, LLC v. NLRB, 700… Continue Reading
Category Archives: Bargaining Unit
Subscribe to Bargaining Unit RSS FeedD.C. Circuit Rebuffs Hospital’s Challenge To NLRB Health Care Rule
Posted in Bargaining UnitBy Ashley S. Kircher. Last Friday, the D.C. Circuit held that the NLRB properly certified the NUHHCE District 1199 NM as the representative of a “wall-to-wall” bargaining unit that included professional and nonprofessional employees of a New Mexico hospital, and found that the Hospital violated Sections 8(a)(1) and (5) of the NLRA when it refused… Continue Reading
Section 2(11) Supervisors Or Not?
Posted in Bargaining Unit, NLRB, Organizing, Protected Concerted Activity, Representation Cases, Unfair Labor PracticesBy David L. Streck. In G4S Regulated Security Solution 358 NLRB 160 (September 29, 2012), the NLRB recently raised the bar that employers must meet in order to establish that individuals are supervisors under Section 2(11) of the NLRA. That case involved an employer guard service that provided security at a nuclear power plant and… Continue Reading
Employers Shouldn’t Count On The Courts Of Appeals To Reverse The NLRB
Posted in Arbitration, Bargaining Unit, Collective Bargaining, Current Events, NLRB, Representation Cases, Unfair Labor PracticesBy Brian M. Stolzenbach. Decisions of the NLRB addressing unfair labor practice charges can be appealed to the U.S. Court of Appeals. These days, with the NLRB being so heavily tilted against employers and seemingly making unprecedented and drastic changes in the law every day, some employers may be tempted to think, “Yes, but the… Continue Reading
Board Revisits For At Least The Third Time In 12 Years The Issue Of Whether Graduate Student Assistants Are “Employees” Under The NLRA
Posted in Bargaining Unit, Current Events, NLRBBy. Nicholas R. Clements The National Labor Relations Board (“the Board”) granted review today in a 3-1 vote of two cases – New York University, 356 NLRB No. 7 (2010) and Polytechnic Institute of New York University, Case 29-RC-12054 – which ask whether graduate student assistants are “employees” under Section 2(3) of the National Labor… Continue Reading
Another Gift to the Unions–A Made to Order Bargaining Unit of the Union’s Choosing
Posted in Bargaining Unit, Representation CasesBy: Bradford L. Livingston The bargaining unit is central to labor relations. After all, a union must bargain on behalf of someone, and exactly who that union organizes ─ which individual or multiple group(s) of employees, jobs, or departments; at which of an employer’s individual or multiple facilities; and even of which individual or multiple… Continue Reading
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