Seyfarth Synopsis: NLRB rules that the operators of the Detroit Masonic Temple unlawfully refused to bargain with a union that represented various engineers and maintenance workers at the temple, even though none of the remaining members of the bargaining unit were union members.
NLRB Chairman Pearce and Members Miscimarra and
By: Jade M. Gilstrap
In the midst of what appears to be a proliferation of “micro-units,” on Tuesday, October 18, 2016, the NLRB declined to reconsider its decision to certify a unit of 14 service technicians employed by the Buena Park Honda dealership in Buena Park, California. Sonic-Buena Park H, Inc. d/b/a Buena Park Honda
![Discipline](https://www.employerlaborrelations.com/files/2011/12/gary-kaplan.jpg\"><img class=\"alignleft wp-image-308\" src=\"https://www.employerlaborrelations.com/files/2011/12/gary-kaplan.jpg\" alt=\"\" width=\"97\" height=\"120\" srcset=\"https://www.employerlaborrelations.com/wp-content/uploads/sites/21/2011/12/gary-kaplan.jpg 141w, https://employerlaborrelations.lexblogplatform.com/wp-content/uploads/sites/220/2011/12/gary-kaplan-97x120.jpg 97w, https://employerlaborrelations.lexblogplatform.com/wp-content/uploads/sites/220/2011/12/gary-kaplan-40x49.jpg 40w, https://employerlaborrelations.lexblogplatform.com/wp-content/uploads/sites/220/2011/12/gary-kaplan-80x99.jpg 80w, https://employerlaborrelations.lexblogplatform.com/wp-content/uploads/sites/220/2011/12/gary-kaplan-138x170.jpg 138w, https://employerlaborrelations.lexblogplatform.com/wp-content/uploads/sites/220/2011/12/gary-kaplan-123x152.jpg 123w, https://employerlaborrelations.lexblogplatform.com/wp-content/uploads/sites/220/2011/12/gary-kaplan-110x136.jpg 110w, https://employerlaborrelations.lexblogplatform.com/wp-content/uploads/sites/220/2016/09/Discipline.jpg)
By: Ronald J. Kramer, Esq. & Kaitlyn F. Whiteside, Esq.
Seyfarth Synopsis: The Board reaffirmed, prospectively, the Alan Ritchey doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated prospective make-whole relief including reinstatement and back pay for future violations.
The Board in Total Security Management Illinois 1
By: William P. Schurgin, Esq. & Karla E. Sanchez, Esq.
Seyfarth Synopsis: In Graymont PA, Inc. the Board majority ruled that a unionized employer cannot unilaterally change rules or policies that affect bargaining unit employees even if its collective bargaining agreement contains a broad management rights clause.
In Graymont PA, Inc., 364 NLRB No.
By: Christopher W. Kelleher, Esq.
Seyfarth Synopsis: The NLRB ruled that students who work as teaching assistants at colleges and universities are “employees” under the NLRA and are thus permitted to engage in collective bargaining.
On August 23, 2016, the National Labor Relations Board issued a 3-1 decision in Columbia University, Case 02-RC-143012
Seyfarth Synopsis: A challenge to Seattle’s first-of-its-kind ordinance, which established the right for on-demand drivers to collectively bargain, was dismissed by a Washington federal court on the basis that the suing entity lacked standing.
Seattle recently enacted an ordinance granting “on-demand” drivers the right to bargain collectively. The ordinance, which took
By: John L. Telford, Jr. and Kaitlyn Whiteside
Seyfarth Synopsis: In yet another pro-union, results-driven decision, the NLRB announces a new approach to evaluating whether an asset purchaser has forfeited its right to set initial terms and conditions when offering employment to a seller’s employees.
In Nexeo Solutions, LLC, 364 NLRB No. 44
By: Samuel Sverdlov, Esq. & Howard Wexler, Esq.
Seyfarth Synopsis: In Loomis Armored US, Inc., 364 NLRB No. 23 (2016), the NLRB abandoned its long-established precedent from Wells Fargo Corp., 270 NLRB 787 (1984), and held that employers may not refuse to bargain with a “mixed-guard” union whom the employer has voluntarily recognized.
By: Kaitlyn F. Whiteside, Esq.
Seyfarth Synopsis: The D.C. Circuit partly denied enforcement of the NLRB’s decision in which the Board ruled that a transfer of work constituted a change in the scope of the bargaining unit and ordered the employer to return previously transferred employees back to their original unit.
In Aggregate Industries v.
Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit held that the National Labor Relations Board abused its discretion by ignoring its own precedent and downplaying threats made by pro-union employees during an election campaign where the union ultimately prevailed by a one-vote margin.
Should union supporters’ casual, half-hearted
By: 