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.
NLRB elections
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 Expedited Election Rules Survive Fifth Circuit Appeal
Seyfarth Synopsis: The Fifth Circuit upheld the NLRB’s expedited union election rules on Friday, rejecting an appeal from construction-industry employers and small businesses
The U.S. Court of Appeals for the Fifth Circuit upheld the National Labor Relations Board’s expedited election rules, rejecting an appeal by the Associated Builders and Contractors of…
NLRB Vastly Expands the Definition of Joint Employer
By: Richard L. Alfred, Marshall B. Babson, Joshua L. Ditelberg, Bradford L. Livingston, Stuart Newman, and Karla E. Sanchez
In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board issued a much awaited…
NLRB AGAIN APPROVES EXPEDITED ELECTION RULES
By: Kenneth R. Dolin, Esq. & David L. Streck, Esq.
Here we go again. The National Labor Relations Board (“Board” or “NLRB”) has adopted its expedited election rules that have been previously proposed twice and approved in part once, only to be ruled invalid by the United States District Court for the District…
College Football Unions: NLRB to Play the Game
By: Bradford L. Livingston, Esq.
Earlier today and as expected, the five-member NLRB announced that it had granted Northwestern University’s request to review NLRB Regional Director Peter Ohr’s decision that Northwestern’s scholarship football players are “employees” within the meaning of the National Labor Relations Act. After the players vote in a secret ballot election…
Will the NLRB Tackle the NCAA?
By: Bradford L. Livingston, Esq.
In previous posts about possible unionization by Northwestern University’s scholarship football players, I likened the National Labor Relations Board (“NLRB”) to referees who had committed a false start penalty and showed how the union’s game wasn’t just against Northwestern. This time – in a gridiron battle of acronyms worthy…
College Football Unions: What Game Is Being Played?
By: Bradford L. Livingston, Esq.
After last week’s post “College Football Unions: Throw the Flag for a False Start,” several readers asked what might happen if the NLRB is eventually upheld in finding that Northwestern University’s scholarship football players are “employees” under Section 2(3) of the National Labor Relations Act and therefore…
College Football Unions: Throw the Flag for a False Start
By: Bradford L. Livingston, Esq.
Although it’s still the first set of downs in the game between Northwestern University and CAPA (the College Athletes Players Association union seeking to represent Northwestern’s football players) let’s take an instant replay time out to review the last play — the March 26, 2014 NLRB Regional Director’s decision…
NLRB GOES LONG: REGIONAL DIRECTOR FINDS NU FOOTBALL SCHOLARSHIP ATHLETES ARE EMPLOYEES
By: Ron Kramer, Kristin Michaels, Mary Klimesh & Anne Harris
Earlier today the Regional Director (“RD”) for Region 13 of the NLRB found that Northwestern University’s scholarship football players are employees under the NLRA and thus have the right to unionize. As a result, the RD directed that an election be held to…