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
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 Targets Independent Contractor Classification of Truck Drivers
By: Christopher W. Kelleher, Esq.
Seyfarth Synopsis: NLRB claims that employers violate Section 8(a)(1) of the NLRA by misclassifying employees as independent contractors, thereby restraining and coercing employees in the exercise of their rights guaranteed under Section 7 of the Act.
The NLRB’s Regional Director in Los Angeles has issued a complaint against Intermodal Bridge…
NLRB Forces Buyers To Become “Successors” Against Their Will
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: 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: 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…
Seventh Circuit Denies Rehearing Regarding Indiana Right To Work Law
By: Marc R. Jacobs, Esq.
On January 13, 2015, the U.S. Court of Appeals for the Seventh Circuit rejected the International Union of Operating Engineers Local 150’s bid for the full circuit court to rehear the September 2, 2014 panel decision upholding the Indiana law. Five of the ten active judges on the Seventh…
NLRB Sets Its Sights on McDonald’s and Other Franchisors
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…
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…