Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of the memo each day during
THE BIG(ger) BA(rgaini)NG THEORY
By: Bradford L. Livingston, Esq.
In yet another significant decision overturning a controversial Obama-era ruling, the NLRB has reverted to its prior standards in determining what will be an appropriate bargaining unit for union organizing and bargaining. PCC Structurals, Inc., 365 NLRB No. 160 (December 15, 2017). Just a day before his term on
GC Memo 18-02 May Signal a Shift Away From Finding Disparate Treatment of Employees During Contract Negotiations to be Unlawful Where Only General Antiunion Animus is Found
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of the memo each day during the
Board Blows the Whistle on Independent Contractor Status for NBA Video Production Crew
By: Seyfarth Synopsis: With the NBA season opener just over a month away, at least one team could be getting an unexpected influx of free agents. In Minnesota Timberwolves Basketball, LP, 365 NLRB No. 124 (2017), the Board recently held that the production crew responsible for operating the Timberwolves’
To Search A Supervisor’s Phone Or To Not Search A Supervisor’s Phone? That Is The Question
By: Andrew R. Cockroft, Esq.
Seyfarth Synopsis: On June 7, 2017, the Board held that in order to comply with the Board’s Election Rules, an employer may need to search the phones of supervisors to identify the phone numbers of eligible voters, even if said supervisors have not been deemed “supervisors” within the meaning of
Court Upholds ULP Finding Against Employer Despite Union “Gamesmanship”
By: Seyfarth Synopsis: A recent federal appeals court decision makes it even more difficult for an employer to withdraw recognition from a union that has lost majority support. Employers need to be aware of the possibility of union “gamesmanship” when deciding how to proceed.
An employer that withdraws recognition from
Leveling the Playing Field: Hospital’s Nonunion Hiring Preference Not Discriminatory
By: Seyfarth Synopsis: Court of Appeals for the First Circuit reversed the NLRB, holding that the Board lacked substantial evidence to find that the hospital group unfairly preferred nonunion workers when filling nonunion positions.
The National Labor Relations Board may not invalidate employment policies that accomplish legitimate goals in a
Federal Legislators Tell NLRB GC Griffin to Rescind His Education Report or Step Aside
By: Marjorie C. Soto, Esq., Jeffrey A. Berman, Esq., and Mary Kay Klimesh, Esq.
Seyfarth Synopsis: Congressional Committee Head Virginia Foxx (R-NC) and Subcommittee Chair Tim Walberg (R-MI) ask NLRB General Counsel Griffin to either immediately rescind his January 31 report regarding the purported rights of faculty, students and scholarship athletes, or “step aside
NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students
By: Marjorie C. Soto, Esq., Jeffrey A. Berman, Esq., and Mary Kay Klimesh, Esq.
Seyfarth Synopsis: In a last minute attempt to leave his mark on the NLRB, the Board’s outgoing General Counsel issued a report attempting to expand the rights of university faculty and students, including scholarship athletes under the National Labor
SURPRISE!: DECERTIFICATION DOES NOT END EMPLOYER CONTRIBUTION OBLIGATIONS TO MULTIEMPLOYER FUNDS
Seyfarth Synopsis: Seventh Circuit finds employer still obligated to contribute to benefit funds for the life of the CBA even though the employees decertified the union.
Employers often assume that when their employees decertify a union, that any obligations an employer had under the operative collective bargaining agreement would disappear.