Tag Archives: National Labor Relations Board

NLRB Requires Employer to Bargain with Union over Unilateral Use of Temp Agency Employees and E-Verify

An Administrative Law Judge of the National Labor Relations Board recently ruled that a meat processing company had violated provisions of the National Labor Relations Act when it utilized a temporary employment agency to fill vacant bargaining unit positions, and enrolled in the E-Verify program without first adequately notifying or bargaining with the local union. … Continue Reading

Labor Board Will Decide Organizing Rights of Non-Teaching Employees at Religious Colleges, Universities

The National Labor Relations Board is set to decide if the same test used to determine whether teaching employees of a religious school are subject to the Board’s jurisdiction should be extended to non-teaching employees. Islamic Saudi Academy, Case 05-RC-080474 (May 12, 2016). The Board in Pacific Lutheran University, 361 NLRB No. 157 (2014), adopted … Continue Reading

NLRB General Counsel Proposes Severely Limiting Employers’ Right To Lawfully Withdraw Recognition from Unions

National Labor Relation Board General Counsel Richard F. Griffin has issued a Memorandum to NLRB Regional Directors, Officers-in-Charge, and Resident Officers proposing a dramatic change in Board law on whether, and under what circumstances, an employer may unilaterally withdraw recognition from a union representing its employees. Memorandum GC 16-03 (May 9, 2016).  If adopted by … Continue Reading

NLRB Member Criticizes Board’s Handbook Rule Review Standard

The legality of employer work rules continues to draw National Labor Relations Board scrutiny on a regular basis. A 2-1 Board panel majority (Members Kent Hirozawa and Lauren McFerran) has found that a hospital’s rules prohibiting employee conduct that “impedes harmonious interactions and relationships” and “negative or disparaging comments about the professional capabilities of employees … Continue Reading

New Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers

The “Protecting Georgia Small Businesses Act” amends Georgia’s Labor and Industrial Relations Code to provide that neither a franchisee nor a franchisee’s employee is considered an employee of a franchisor for “any purpose.” However, the amendment does not apply to Georgia Workers’ Compensation Code. The Act goes into effect on January 1, 2017. The Georgia … Continue Reading

Late Mail Delivery Turns Out to be Problem [Again] for Mail Ballot Election

The NLRB has ruled that there is a significant difference between an employee’s having the opportunity to vote in an NLRB mail ballot election and his or her vote being counted. In Premier Utility Services, LLC, 363 NLRB No. 159 (Apr. 5, 2016), 101 employees living and working in New York City’s five boroughs were … Continue Reading

Employee Disloyalty Not Sufficient for Firing Where Part of Concerted Protest, Board, Court Hold

The National Labor Relations Board did not err in holding a sandwich store chain violated the National Labor Relations Act by disciplining and terminating employees for placing posters on community bulletin boards in the public areas of several of its locations suggesting the chain required sick employees to come to work and make sandwiches, the … Continue Reading

Doubling Down: NLRB Joint Employer Standard Under Dual Review

Whether the National Labor Relations Board’s recently articulated joint employer standard can withstand judicial scrutiny is about to be tested. Browning Ferris Industries of California has filed a petition for review (in the United States Court of Appeals for the District of Columbia Circuit) of the NLRB’s bargaining order, asking the Court to deny enforcement … Continue Reading

NLRB General Counsel Announces Wish-List Of “Hot-Button” Issues To Be Handled By His Office

The National Labor Relations Board’s General Counsel has assembled his latest wish-list of “hot-button” issues he hopes to present to the Board for decision when the right cases are presented to his office. Because certain NLRB unfair labor practice cases “are of particular interest and would benefit from centralized consideration,” the General Counsel has determined … Continue Reading

Labor Board Acts to Address Budget Deficit

The National Labor Relations Board’s General Counsel has directed the Board’s regional offices to institute  cost-cutting measures in light of a significant budget deficit facing the agency for the balance of fiscal year 2016 (ending September 30). In Memorandum OM-16-09, NLRB Associate General Counsel Anne Purcell instructed regional directors, officers-in-charge, and residents officers to institute … Continue Reading

Seattle Ordinance Giving Drivers Right to Bargain Collectively Violates Federal Law, Chamber Says in Lawsuit

The U.S. Chamber of Commerce has challenged the Seattle City Ordinance giving drivers of app-based transportation companies that use independent contractors to provide services (such as Uber and Lyft) the right to collectively bargain.  (See our post, Seattle City Council Enacts Ordinance Giving Drivers Right to Collectively Bargain, Legal Challenges Expected.) On its face, the … Continue Reading

Browning-Ferris Appeals NLRB’s Landmark Joint Employer Decision to U.S. Court of Appeals

As expected, Browning-Ferris Industries has appealed to the United States Court of Appeals (in Washington, D.C.) from the National Labor Relations Board’s ground-breaking decision finding that BFI, as a joint employer of employees that BFI used from Leadpoint Business Services, unlawfully refused to bargain with Teamsters Local 350. BFI’s “Petition for Review” was filed in … Continue Reading

Unions Fight Each Other to Represent LaGuardia Airport Uber Drivers

A petition filed with the National Labor Relations Board by Armonk, New York-based International Brotherhood of Electrical Workers, Local 1430, seeking  an election to represent a unit of 600 “full-time and regular part-time taxicab drivers employed by Uber working from the Laguardia [sic] airport” has sparked  infighting at  the AFL-CIO, the IBEW’s parent organization. The … Continue Reading

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

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

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
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