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. Our blog is exploring a different aspect of the memo each day during
union membership
Yet Another Micro-Unit Victory, NLRB Refuses to Review Decision Certifying Service Technicians-Only Bargaining Unit
By Seyfarth Shaw LLP on
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
By Seyfarth Shaw LLP on
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 Forces Buyers To Become “Successors” Against Their Will
By Seyfarth Shaw LLP on
By: Ronald J. Kramer
While all eyes were on the landmark Browning-Ferris decision issued Thursday, the Board issued yet another split decision that also may have far reaching consequences. In GVS Properties, LLC, 362 NLRB No. 194 (Aug. 27, 2015) (here), a case of first impression, the Board in a 2-1 decision…
NLRB Vastly Expands the Definition of Joint Employer
By Seyfarth Shaw LLP on
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…
Pepsi Beverage Co. Bargaining Unit Clarified To Exclude Home-Based Delivery and Install Employees
By Seyfarth Shaw LLP on
By: Kenneth R. Dolin, Esq.
The Board recently reversed a Regional Director and found that four disputed home-based delivery and install employees did not belong in the contractual unit at the employer’s Grand Rapids, Michigan facility. It reasoned that the four disputed employees did not work at the Grand Rapids facility, were not covered…
Wisconsin Poised to Become 25th “Right to Work” State
By Seyfarth Shaw LLP on
By: Michael J. Rybicki, Esq.
Today Wisconsin became the 25th state to pass right to work legislation applicable to private sector employers. Most private employers are covered by the National Labor Relations Act (“NLRA”), which originally permitted collective bargaining agreements to provide for the termination of any employee who failed to join or…
Brown University’s Graduate Assistant Decision Under Challenge . . . Again
By Seyfarth Shaw LLP on
Posted in Current Events
By: Ronald J. Kramer, Esq.
While everyone knew it was only going to be a matter of time, two new challenges to have been raised to the NLRB’s graduate assistant decision in Brown University, 342 NLRB 483 (2004). On February 20, 2015, Graduate Workers of Columbia-GWC and Student Employees at The New School,…
NLRB Administrative Law Judge Finds UFCW Local Illegally Coerced Employees By Requiring Them To Visit Union Office
By Seyfarth Shaw LLP on
Posted in Unfair Labor Practices
By: Ashley K. Laken, Esq.
On February 19, an NLRB Administrative Law Judge ruled that a UFCW local union illegally restrained and coerced grocery store employees by requiring them to appear at the union office in person to file objections to paying full membership dues. See United Food & Commercial Workers Union Local 135…
NLRB Sets Its Sights on McDonald’s and Other Franchisors
By Seyfarth Shaw LLP on
By: Ronald J. Kramer, Esq.
On December 19, 2014, the NLRB General Counsel’s Office issued thirteen consolidated complaints against the purported unfair labor practices of numerous McDonald’s franchisees nationwide, with franchisor McDonald’s USA LLC being named as a co-defendant on a joint employer theory. According to the NLRB’s press release, click here, the…