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
Organizing
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…
Been Harassed? Vote Yes. How Unions Are Leveraging #MeToo To Organize Female Workers
Seyfarth Synopsis: Union organizers are increasingly embracing the #MeToo movement as an organizing tool, claiming that unions are the key to eliminating gender inequity and sexual harassment in the workplace.
Employers across the country are examining their corporate culture and taking steps to avoid being the next sexual harassment headline…
Employers Beware: Potential Rise in Union Corporate Campaigns
By: Ashley Laken, Esq. & Brian Stolzenbach, Esq.
Seyfarth Synopsis: Although many employers may think they can let their guard down a little bit when it comes to the NLRB under the Trump Administration, history suggests otherwise. During the last Republican Administration, labor unions often decided to wage their battles outside the NLRB, using tactics…
A Few (More) of Employers’ Favorite Things From GC 18-02: The End of Alan Ritchey And Preservation of the Levitz and Tri-Cast Doctrines?
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…
NLRB Overturns Browning Ferris Joint Employer Standard
The NLRB has overruled Browning Ferris and returned to its previous standard for determining joint employer status. For more information, see our Management Alert here.
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…
Year-End News From The NLRB’s General Counsel
By: Brian Stolzenbach, Esq.
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, which our blog will be exploring over the next three weeks.
In keeping…
Unions Looking to Increase Diversity in Their Leadership Ranks
Seyfarth Synopsis: Recognizing the rise of Millennials and the increasing diversity of the workforce, some labor unions appear to be taking a keen interest in increasing the diversity of those in their leadership ranks, which is at least in part a key organizing tactic.
As part of Seyfarth’s FutureEmployer initiative, we’ve…
Board Blows the Whistle on Independent Contractor Status for NBA Video Production Crew
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’…