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
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
NLRB Finds that Employer Unlawfully Refused to Bargain with Union
By: 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
Yet Another Micro-Unit Victory, NLRB Refuses to Review Decision Certifying Service Technicians-Only Bargaining Unit
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
NLRB PAVES WAY FOR STUDENT UNIONIZATION
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
Caught at the Red Light: Challenge to Ordinance Granting On-Demand Drivers the Right to Bargain Collectively is Brought to a Screeching Halt
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
Blurred Lines: Under New “Perfectly Clear” Standard, NLRB Finds that Seller’s Conduct Prohibits Asset Purchaser from Setting Initial Terms
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