Seyfarth Synopsis: The Board narrowed the circumstances of when a successor employer will be a “perfectly clear” successor. An employer will no longer be forced to bargain prior to setting the initial terms of employment if the employer engaged in discriminatory hiring practices as to some, but not all, of the predecessor’s
D.C. Circuit Denies Enforcement of NLRB’s Decision Applying Pacific Lutheran Standard
By: Robert Fisher, Jeffrey Berman, Skelly Harper and John Ayers-Mann
Seyfarth Synopsis: An important issue for colleges and universities is whether faculty are “managerial” employees under the National Labor Relations Act, and thus precluded from union organizing. Almost 40 years ago, the Supreme Court held in NLRB v. Yeshiva University that faculty
YOU CAN’T ALWAYS GET WHAT YOU WANT: UNION IS NOT ENTITLED TO EMPLOYER’S TAX CUT SAVINGS INFORMATION
By: Paul Galligan and Samuel Sverdlov
Seyfarth Synopsis: The NLRB’s Office of General Counsel has issued an Advice Memorandum stating that an employer lawfully refused a union’s information request regarding its tax cut savings during bargaining.
During collective bargaining, employers often deal with an uncomfortable dilemma — comply with invasive and overbroad information requests from
D.C. Circuit Invalidates NLRB’s Browning-Ferris Joint Employer Test
On December 28, a panel of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), in a 2-1 decision (Browning-Ferris Indus. of Cal. v. NLRB, No. 16-1028), invalidated the National Labor Relations Board’s (NLRB or Board) controversial joint employer test adopted in Browning-Ferris, 362 NLRB No. 186
And the Waiting Continues . . . NLRB Extends Comment Period on Joint Employer Rule Once Again
Seyfarth Synopsis: In September 2018, the NLRB released its new proposed rule regarding the joint employer standard. The NLRB extended the comment period twice since the release of the new proposed rule. Comments are now due on or before January 14, 2019.
Individuals waiting on pins and needles in anticipation of
Change to Construction Industry Bargaining Relationship Put on Hold
By: Seyfarth Synopsis: The NLRB suspends its request for briefing regarding potential changes to the construction industry bargaining relationship in light of Charging Party Union’s withdrawal of the underlying charge.
The review of whether to make changes to construction industry bargaining relationship has been put on hold. As Seyfarth reported, the
The Rise of Millennials and their Potential Support for Labor Unions
By: Seyfarth Synopsis: Millennials are an ever-growing portion of the workforce, and they generally have favorable views toward labor unions. Employers would be well-advised to be attuned to this reality and they may want to consider developing and implementing strategies aimed at heading off union organizing before it starts.
According to a
The Battle Continues Over Purple Communications and the Use of Work Emails
Seyfarth Synopsis: In another signal that the Board may overturn the Obama Board’s decision in Purple Communications allowing employees to use their employer’s email systems to communicate about wages, hours, working conditions and union issues, the Board recently published a letter reiterating its decision to reconsider Purple Communications and invited
The Board’s General Counsel Memorandum is a Comforting Return to a Common Sense Approach to Workplace Policies
By: Jason Silver and Kevin Fritz
Seyfarth Synopsis: On June 6, 2018, Peter. B. Robb, General Counsel for the National Labor Relations Board (“Board”), provided employers with the first substantive guidance regarding workplace policies since the Board’s Boeing decision. General Counsel Memorandum 18-04 is a victory for employers as the Board seems to be
The Board Initiates The Internal Process To Consider Rulemaking On The Joint-Employer Standard
Seyfarth Synopsis: On Wednesday, May 9, 2018, the Office of Information and Regulatory Affairs announced that the NLRB is considering rulemaking to establish the standard for determining joint-employer status under the National Labor Relations Act.
NLRB Chairman, John F. Ring, announced on Wednesday, May 9, 2018, that the Board is