Archives: NLRB

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Labor Board Sets 24-Hour Ban on Meetings about Unions Prior to Mail Ballot Elections

The National Labor Relations Board has significantly changed its rule governing when “mass campaign meetings” with employees by the parties (employer or union) to an NLRB-conducted mail-ballot election may be held. Mass campaign meetings are planned or unplanned “captive-audience” meetings or discussions about unionization involving two or more employees at a time. The new rule … Continue Reading

2015 Union Membership Rate Relatively Stable Despite New NLRB Election Rules

Despite the National Labor Relations Board’s “quickie election rules,” the percentage of unionized workers in the private sector remained stable during 2015, according to the Bureau of Labor Statistics of the U.S. Department of Labor: 6.7% of private-sector workers were in unions in 2015, up from 6.6% in 2014. Not surprisingly, public-sector workers had a … Continue Reading

Browning-Ferris Appeals ‘Joint Employer’ Decision to U.S. Court of Appeals

Browning-Ferris Industries of California, Inc. (“BFI”) has asked the U.S. Court of Appeals for the D.C. Circuit to review the National Labor Relations Board’s January 20, 2016 decision that it, a waste management company, and Leadpoint Business Services, Inc. (“Leadpoint”), a staffing agency that provided employees to BFI, were joint employers of those employees under … Continue Reading

Labor Department Joins Joint-Employer Controversy with Interpretation of Fair Labor Standards Act

The U.S. Department of Labor’s Wage and Hour Division has issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act taking a broad view of joint employment. To read about the DOL’s interpretation, click here. This fuels the fire ignited by the National Labor Relations Board’s broad new standard for determining joint-employer … Continue Reading

Employer “Captive Audience” Communications Rule Under Attack

A group of 106 university and law school professors of labor law and employment relations has petitioned the National Labor Relations Board to issue a rule amending its long-held position regarding “captive audience” meetings held by employers in connection with NLRB-conducted union elections. The petition, filed on January 15, 2016, requires “equal time” for unions, … Continue Reading

NLRB Joint-Employer Decision Moves Closer to Review by Circuit Court of Appeals

The NLRB’s landmark Browning-Ferris Industries of California, Inc. decision, creating a new joint employer standard, has taken another step toward judicial review in a U.S. Circuit Court of Appeals. On August 27, 2015, the Board found that Browning-Ferris and Leadpoint Business Services were joint employers of certain workers that BFI subcontracted from Leadpoint. After an … Continue Reading

Seattle City Council Enacts Ordinance Giving Drivers Right to Collectively Bargain, Legal Challenges Expected

Landmark legislation giving drivers of app-based transportation companies, such as Uber and Lyft, the right to collectively bargain, has been passed by the Seattle City Council.  However, the new law faces significant legal hurdles. Although the new law, enacted on December 13, on its face is intended to improve public health, safety and welfare by … Continue Reading

What is “Available” Voter Contact Information Under the Quickie Election Rule Remains Unclear for Now

The American Federation of Teachers Connecticut has withdrawn its petition to represent 866 full-time, part-time, and per-diem non-professional employees employed at Danbury Hospital. The move likely makes moot the employer’s appeal (Request for Review) of a National Labor Relations Board Regional Director’s ruling that the employer did not exercise “a reasonable amount of diligence” in … Continue Reading

Citing NLRB’s Long Delay, Court Refuses to Issue Temporary Injunction

Pointing to the NLRB’s 15-month delay in filing its petition as undermining its claim of irreparable injury, a federal district court in Illinois has denied the National Labor Relations Board’s application for injunctive relief against an employer under Section 10(j) of the National Labor Relations Act. Ohr v. Arlington Metals Corporation, 2015 U.S. Dist. LEXIS … Continue Reading

Has NLRB’s Reach Exceeded its Grasp in Trashing Restaurant’s Non-Board Lawsuit Settlement?

A settlement of two Fair Labor Standards Act claims (an individual lawsuit and a class action) by employees of a Bronx restaurant and the employer’s Racketeer Influenced and Corruption Organizations Act lawsuit against a union seeking to represent the employer’s employees has fallen through as a result of National Labor Relations Board objections to two … Continue Reading

D.C. Circuit Ruling Yet Another Reminder of NLRB’s Handbook Initiative

Three policies in an employer’s handbook violated Section 8(a)(1) of the National Labor Relations Act, the U.S. Court of Appeals for the District of Columbia Circuit has held, agreeing with the National Labor Relations Board. The Court disagreed, however, that two other policies found illegal by the NLRB violated the Act. Hyundai Shipping Agency, Inc. … Continue Reading

Union Seeks Labor Board Review of Regional Director’s Adverse Joint Employer Decision

In Green JobWorks LLC/ACECO, LLC, No. 05-RC-154596 (Oct. 21, 2015), discussed here, a case believed to be the first post-Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), to apply the new joint employer “test” articulated there, a National Labor Relations Board Regional Director found that a subcontractor and temporary staffing agency … Continue Reading

Subcontractor, Temporary Staffing Agency not Joint Employers, NLRB Regional Director Decides

An NLRB case involving the construction industry provides insight into how the agency’s new joint employer standard may be applied. The Board’s decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), provided that “the initial inquiry [under the Board’s new joint employer standard] is whether there is a common-law employment … Continue Reading

Company’s Property Rights Can be Trumped by Safety Concerns, Federal Court Rules

Enforcing a National Labor Relations Board order, the federal appeals court in Chicago has held an employer unlawfully denied a union safety specialist access to its facility to examine the site of a fatal accident (the cause of which had not been determined) involving a bargaining unit employee. Caterpillar Inc. v. NLRB, No. 14-3528 (7th … Continue Reading

Act Two: Employer Failed to Provide Union with Available Voter Contact Information, NLRB Regional Director Finds

In Employer Ambushed by Labor Board’s New Election Rule, we reported that a National Labor Relations Board Hearing Officer decided that Danbury Hospital had not complied with its obligation under the NLRB’s new “quickie election” rule to provide the union which had petitioned to represent approximately 850 of the Hospital’s non-professional employees with “available” personal … Continue Reading

Drug and Alcohol Testing May Contribute to Joint Employer Finding By NLRB

We have written previously about the National Labor Relation Board’s 3-2 decision in Browning-Ferris of California, Inc., 362 NLRB No. 186 (August 27, 2015), increasing the likelihood the Board may find two employers to be “joint employers,” and thereby share many collective bargaining responsibilities as well as liability for each other’s violations of the National … Continue Reading

NLRB’s Camelot: A Less Congenial Spot for Happy Independent Contracting

Trying to keep track of the “tests” that various government agencies use to determine whether an individual is (or is not) an independent contractor? Don’t ignore the National Labor Relations Board’s latest. It was applied recently in Sisters’ Camelot, 363 NLRB No. 13 (Sept. 25, 2015). Whether individuals performing services for an entity are employees, … Continue Reading

Teamsters Take Aim at Browning-Ferris Successor While Congress Entertains Legislative Roll Back Efforts

In a previous post, we reported on Browning-Ferris Industries of California Inc., 362 NLRB No. 186 (2015), a landmark National Labor Relations Board decision that established a new “test” for the NLRB to apply when determining joint employer status under the National Labor Relations Act. Browning-Ferris (BFI) operated a waste recycling facility and subcontracted employees … Continue Reading

NLRB’s New Joint Employer Standard Faces First Legislative Challenge

Two days after returning from a scheduled congressional recess, senior Republican lawmakers introduced the first legislative challenge to the NLRB’s new joint employer standard, which was handed down last month in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015). The Board’s decision in Browning-Ferris makes a sweeping departure from 30 years … Continue Reading

NLRB Says Beer Dealer’s Refusal-To-Drug-Test Firing Doesn’t Mix With “Weingarten Rights”

Brewing more trouble for workplace drug testing, the National Labor Relations Board has held a New York beer distributor violated the National Labor Relations Act by denying its driver helper, who reported to work with his clothes “reek[ing] of the smell of marijuana” and with “glassy” and “bloodshot” eyes, and was directed to take a drug test … Continue Reading

Quickie Elections Just Got Quicker: Electronic Signatures Okayed to Support Union Petitions

The General Counsel of the National Labor Relations Board has decided to accept electronic signatures in support of a showing of interest, effective immediately. In a September 1, 2015, memorandum (issued on September 2), General Counsel Richard Griffin wrote, “[a]s is reflected in the guidelines which follow, I have determined that the evidentiary standards that … Continue Reading

Rats, Pigs and Cats, Oh My: Union’s Display of Large Inflatable Animals and Bannering at Las Vegas Resort was Lawful, Board Judge Holds

Las Vegas, Nevada-based Laborers Local 872 did not violate the National Labor Relations Act by displaying four-foot high banners and inflatable animals 18 to 20 feet high around the perimeter of a casino and resort complex (Westgate), and partially blocking cars and patrons, because Westgate contracted with a non-union contractor (Nigro) to perform renovation work … Continue Reading

NLRB Issues New Standard for Determining Joint Employer Status

As expected, the National Labor Relations Board has adopted a new standard for determining whether two employers are joint employers for purposes of collective bargaining. Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, 2015). In the 3-2 decision (Members Miscimarra and Johnson dissenting), the NLRB held: We will no longer require that a … Continue Reading
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