By: Kyllan Kershaw & Kaitlyn Whiteside
Seyfarth Synopsis: In Colorado Symphony Association, 366 NLRB No. 60 (April 13, 2018), the NLRB found that an employer had an obligation to disclose information related to individual overscale contracts because the request related to the union’s investigation of potential sex discrimination, a mandatory subject of bargaining.…
By: Ronald J. Kramer, Esq.
Seyfarth Synopsis: In Weavexx, LLC the Board deferred to an arbitrator’s finding that the employer had the right to change its payday and pay cycle without first bargaining. The bigger question is how much longer will such charges be deferred pending arbitration, and the extent to which the Board…
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…
Seyfarth Synopsis: Third Circuit rejects market-participant argument, opening the door for preemption challenge to local law tying tax incentives to use of union labor.
The case before the Third Circuit, Associated Builders & Contractors v. City of Jersey City, involves a Jersey City ordinance providing developers with tax abatements when…
Seyfarth Synopsis: NLRB General Counsel releases an Advice Memorandum finding that the misclassification of independent contractors amounts to a standalone violation of Section 8(a)(1) of the NLRA.
On August 26, 2016, Richard Griffin, the General Counsel of the National Labor Relations Board (“NLRB”), released an Advice Memorandum outlining his legal…
By: Christopher W. Kelleher, Esq., Mary Kay Klimesh, Esq. & Jeffrey A. Berman, Esq.
Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities.
Student Assistants Eligible to Unionize
By a vote of 3 to 1, the Board held that college and…
By: Susan Jeanblanc Cohen, Esq.
Seyfarth Synopsis: In a split decision, the NLRB ruled that off-duty employees of an acute care hospital had the right to picket the hospital’s main lobby entrance.
After the collective bargaining agreement between acute care hospital Capital Medical Center (“the Hospital”) and UFCW Local 21 (“the Union”) expired…
By: Paul Galligan and Jade M. Gilstrap
Seyfarth Synopsis: Overturning decade old precedent, the Board found that temporary workers supplied by a staffing agency may be included in a bargaining unit with regular employees of a host employer without the consent of both employers. The Board will apply “traditional community of interest” factors in…
By: Brian M. Stolzenbach and Andrew R. Cockroft
Seyfarth Synopsis: Beginning July 1, 2016, pursuant to the President’s Fair Pay and Safe Workplaces Executive Order the NLRB will now require any Federal Contractor that has a Complaint issued against it by a Regional Director to submit information that may lead to the loss of future…
By: Karla E. Sanchez, Esq.
On January 29, 2016, the NLRB in Guardsmark, LLC, 363 NLRB No. 103 (decision), changed over 50 years of precedent under the guise of “clarifying” a well-established rule concerning when the captive-audience speech prohibition begins in mail-ballot elections. In 1959, the Board in Oregon Washington Telephone …
