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…
By: Michele Haydel Gehrke, Esq.
In a 2-1 decision with Board Member Philip Miscimarra dissenting, the National Labor Relations Board recently held that Philips Electronics North America Corp. violated Section 8(a)(1) of the National Labor Relations Act by having an unwritten confidentiality rule prohibiting employees from discussing their disciplinary records. Philips Electronics North America…
By: Kenneth R. Dolin, Esq.
The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and Richard Griffin to be members of the National Labor Relations Board (Board) were unconstitutional. The Court reasoned that the brief Senate break in January…
By: Howard M. Wexler, Esq. & Joshua D. Seidman, Esq.
As we previously blogged about – most recently here and here, the NLRB has taken aim at employer workplace rules that it contends are unlawfully restricting employees’ Section 7 rights.
On June 13, 2014 the NLRB affirmed an ALJ decision issued in…
On April 14, the NLRB found that a California hospital had repeatedly failed to bargain in good faith with a union representing its registered nurses and that an order requiring the hospital to reimburse the union for six months of negotiating expenses was warranted. Fallbrook Hospital Corp., 360 NLRB…
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…
By: Ronald J. Kramer, Esq.
Earlier today, April 16, 2014, the Fifth Circuit Court of Appeals denied the NLRB’s petition for rehearing en banc in D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013). D.R. Horton is the decision in which the Fifth Circuit reversed the NLRB’s determination (357 NLRB No.…
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…
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…
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…
