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Court Halts Labor Department’s New Persuader Rule
The U.S. District Court for the Northern District of Texas, Lubbock Division, has issued a nationwide preliminary injunction against the U.S. Department of Labor’s “persuader” rule promulgated under...
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Workplace Dress Codes – Auto Dealer Can’t Bar Workers from Wearing Message...
A divided panel of the U.S. Court of Appeals for the First Circuit has upheld a National Labor Relations Board decision that a Massachusetts automobile dealer’s policy banning the wearing of “message...
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Court Repudiates NLRB’s Award of Attorney’s Fees and Expenses for Their...
The United States Circuit Court of Appeals for the District of Columbia has determined that the National Labor Relations Board lacks inherent power and the authority under Section 10(c) of the National...
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NLRB Overrules Precedent, Holds Bargaining Units Combining Jointly- and...
The National Labor Relations Board has decided that bargaining units combining employees who are jointly employed by a user employer and supplier employer and solely employed by the user employer do...
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Ham-Handed Tactic? NLRB Says Union Giveaway Not Grounds for Setting Aside...
A union’s gift of free hams on the eve of an NLRB-conducted election did not influence the outcome, a union victory, the National Labor Relations Board has determined. Nuverra Environmental Solutions,...
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Labor Unions Use Technology to Grow and Maintain Membership
Labor unions today are “tech” savvy, using mobile app and other technology to grow and maintain their memberships. According to a report in the Bloomberg Bureau of National Affairs Daily Labor Report...
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Overruling Precedent, Board Finds Violation May Be Established Without...
In a decision having far-reaching implications, a National Labor Relations Board panel consisting of Chairman Mark Gaston Pierce and Members Kent Hirozawa and Lauren McFerran, (Member Miscimarra...
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Sour Note – Musicians Are Employees, Not Independent Contractors, NLRB Tells...
A Regional Director of the National Labor Relations Board has ruled that a group of musicians were statutory employees under the National Labor Relations Act and, therefore, entitled to vote in an...
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NLRB: Failure to Bargain Over Non-Compete Agreement Violated NLRA, But...
A company’s requirement that new employees represented by a union sign a non-compete and confidentiality agreement (NCCA) as a condition of employment violated the National Labor Relations Act because...
View ArticleOverruling Brown University, NLRB Finds Private College And University...
The National Labor Relations Board today decided that student assistants working at private colleges and universities are statutory employees covered by the National Labor Relations Act. Columbia...
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NLRB Finds Joint Employers Despite Speculative Future Relationship
Taking its new joint employer standard to new heights, the NLRB found that Retro, a construction company, and Green JobWorks, a temporary staffing agency, are joint employers based on speculative...
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SEIU Counters Own Employees’ Unionization Efforts
In a real-life “what’s good for the goose isn’t good for the gander” story, the Service Employees International Union is countering a unionization effort involving some of its own employees. According...
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Non-Union, Specialty Lights Maker Must Return Work from Mexico, Federal...
The NLRB properly found a non-union employer unlawfully retaliated against striking employees and violated the National Labor Relations Act by transferring work from Illinois to Mexico, the federal...
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NLRB Signals More Trouble Ahead For Employers That Misclassify Employees
For a variety of reasons, employers may prefer to treat those who provide services to them as independent contractors rather than employees. However, when employers exercise a sufficient level of...
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What’s Next in Labor Law?
The election of Donald Trump as the 45th President of the United States carries with it the possibility of major changes in the field of labor law. The most significant changes likely will come at the...
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Hoffa Retains Teamsters Union Presidency — Fewer Concessions Ahead?
James P. Hoffa has received a majority of valid votes cast in the election for General President of the Teamsters Union, according to ibtvote.org, the official website for the Office of the Election...
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Puzder Chosen to Head DOL: Many Changes Expected
President-elect Donald Trump has announced his intention to nominate Andrew Puzder, Chief Executive Officer of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s, to head the U.S. Department...
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Reject Offensive Language in Charges and Petitions, NLRB General Counsel Says
Do not docket unfair labor practice charges or election petitions that contain “blatantly false and demeaning language or epithets” or “offensive language,” the National Labor Relations Board’s...
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Voter List Delivered Directly to Union From Employer or Election Set Aside,...
Service of the voter list on the union by the employer is mandatory and the failure to serve it will result in setting aside an employer’s election victory when a timely objection is filed by the...
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Defamation Verdict Drives Union into Bankruptcy
A Texas jury has awarded a company $7.8 million in compensatory damages and interest after finding Service Employees International Union Local 5 significantly damaged the company’s business through...
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