Seyfarth Synopsis: The COVID-19 crisis is creating fertile ground for union organizing efforts, and labor unions are aiming to capitalize on this. Non-union employers should be attuned to this reality, and to the extent they want to remain union-free, they should consider developing and implementing lawful employee relations strategies now, before
BLS Reports More Strikes in 2019
By: Seyfarth Synopsis: As the BLS reported more strikes in 2019, employers going into bargaining in 2020 should really consider preparing for the possibility of a work stoppage.
The federal Bureau of Labor Statistics issued its annual report of “major work stoppages” in 2019 and the data shows there were 25
Labor Unions are Increasingly Focused on the Future of Work
By Ashley K. Laken and Kyllan B. Kershaw
Seyfarth Synopsis: As the future of work continues to take shape, labor unions are taking notice and adjusting their strategies and their focus in response. To the extent they haven’t already, companies both large and small should take heed and consider adjusting their employee and labor relations
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
Change to Construction Industry Bargaining Relationship Put on Hold
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
How Will Organized Labor Reorganize?
Seyfarth Synopsis: Unions represent only 6.5% of all private sector employees. However, rather than focusing on the past and why its fortunes have declined, a more interesting question may be what organized labor is actively doing to reverse this trend.
Organized labor is facing tough times. In their heyday during
A Bronx Lobster Tale: NLRB Vacates Election Results Based on Seven Minute Delay in Voting
By: Paul Galligan, Esq. and Samuel Sverdlov, Esq.
Last month, the National Labor Relations Board (“NLRB”) vacated election results from a representation election because the Board agent opened the polling for a voting session 7 minutes late. The employer lost the election by a vote of 14-12, with one challenged ballot. However, there were
NLRB Vacates Hy-Brand Decision and Restores (For Now) Its Broad Browning-Ferris Joint Employer Test
Yesterday, the National Labor Relations Board (NLRB or Board) issued an Order vacating the Board’s decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017), in light of the determination by the Board’s Designated Agency Ethics Official that Member William Emanuel is, and should have been, disqualified from participating
Are Graduate-Students Assistants Employees Under the NLRA? The Answer of the Obama Board Will Not be the Final Word
By: Robert A. Fisher & Skelly Harper
Seyfarth Synopsis: A 2016 decision of the National Labor Relations Board (“Board”) finding that the graduate students at Columbia University were employees under the National Labor Relations Act (“NLRA”) has been teed up for review by the Court of Appeals. In order to obtain appellate review of the