Hold on for the National Labor Relations Board’s version of the popular Disneyland attraction, Mr. Toad’s Wild Ride.

With NLRB Member Nancy Schiffer’s term ending on December 16, 2014, expect a flurry of important NLRB activity similar to that which attended the expiration of former-NLRB Member Brian Hayes’ term on December 16, 2012.

Among the matters  awaiting  Board decision are many contentious cases, including Northwestern University (Case 13-RC-121359) (whether scholarship student-athletes are employees under the NLRA); Browning-Ferris Industries (Case 32-RC-109684), (where the standard for “joint employer” status is in question); Pacific Lutheran University (Case 19-RC-102521), (whether a religiously-affiliated university is subject to the Board’s jurisdiction and whether certain university faculty members seeking to be represented by a union are employees covered by the National Labor Relations Act or excluded managerial employees); and Purple Communications, Inc. (Cases 21-CA-095151; 21-RC-091531; and 21-RC-091584) (whether  a new standard for employee use of employer electronic communications systems (including email) should be adopted).  In addition, the Board still must finalize its “quickie” election rules, which will make it easier for unions to successfully organize employees, and review the 300+ decisions invalidated by the U.S. Supreme Court’s Noel Canning decision.

In the six days preceding Member Hayes’s departure, the Board issued at least seven notable decisions – WKYC-TV, Inc., 359 NLRB No. 30 (2012) (overruling 50 years of precedent to hold that a dues deduction provision in a collective bargaining agreement survived the expiration of that agreement); Supply Technologies, LLC, 359 NLRB No. 38 (2012) (finding a non-union employer’s mandatory grievance-arbitration program unlawfully restricted employees’ access to the NLRB); Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (2012) (holding  an employer  violated the NLRA by discharging five employees because of their Facebook posts); Hawaii Tribune-Herald, 359 NLRB No. 39 (2012) (defining a “witness statement”  that is exempt from disclosure to a union under Anheuser-Busch, 237 NLRB 982 (1978)); Alan Ritchey, Inc., 359 NLRB No. 40 (2012) (ruling employers must bargain with  a union representative   over discretionary discipline administered to unit employees that occurs after the union is certified, but before a first collective bargaining agreement is reached); Piedmont Gardens, 359 NLRB No. 46 (2012) (overruling Anheuser-Busch and finding an employer must give the union that represents its employees witness and other statements); and Latino Express, 359 NLRB No. 44 (2012) (interpreting the NLRA’s remedial “scheme” to require a respondent (charged party) to reimburse a victim of discrimination for any additional federal and state income taxes the victim may owe as a consequence of receiving a lump-sum backpay award covering more than one calendar year).

Most commentators, including this one, believe the NLRB will issue decisions that favor employees and unions in all of the pending matters, continuing the Board’s decidedly pro-labor leanings.

Buckle your seat belts.

Print:
EmailTweetLikeLinkedIn
Photo of Howard M. Bloom Howard M. Bloom

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues.

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues. He trains and advises executives, managers and supervisors on union awareness and positive employee relations, and assists employers in connection with union card-signing efforts, traditional union representation and corporate campaigns, and union decertification campaigns. He also represents clients at the National Labor Relations Board in connection with bargaining unit issues, objections and challenges, as well as unfair labor practice investigations and trials. Mr. Bloom also has been the spokesperson at countless first and successor contract collective bargaining negotiations, and regularly advises on collective bargaining agreement administration issues, including grievance/arbitration issues.

Mr. Bloom has appeared before the Massachusetts Supreme Judicial Court, the U.S. Court of Appeals for the District of Columbia, several U.S. District Courts, the National Labor Relations Board, the Massachusetts Labor Relations Commission, the Equal Employment Opportunity Commission and the Massachusetts Commission Against Discrimination.

Mr. Bloom speaks frequently to employer groups on a wide range of labor and employment law topics. He also has written extensively on labor and employment law for a variety of publications, including New England Business magazine, The Boston Globe and the Boston Business Journal. He also is editor of and a frequent contributor to the Jackson Lewis Labor & Collective Bargaining Blog.

While attending law school, he was the Executive Editor of The Advocate: the Suffolk University Law School Journal and President of the Student Bar Association.

Mr. Bloom is a diehard baseball fan. His first book, The Baseball Uncyclopedia: A Highly Opinionated Myth-Busting Guide to the Great American Game, was published in February 2006.

Photo of Philip B. Rosen Philip B. Rosen

Philip B. Rosen is a Principal in the New York City office of Jackson Lewis P.C. and a member of the Firm’s Management Committee. Mr. Rosen also leads the firm’s Labor Practice Group. He joined the Firm in 1979 and served as Managing…

Philip B. Rosen is a Principal in the New York City office of Jackson Lewis P.C. and a member of the Firm’s Management Committee. Mr. Rosen also leads the firm’s Labor Practice Group. He joined the Firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-in-force, purchase/sale transactions, sexual harassment and other workplace conduct rules, compliance with the Americans With Disabilities Act, wrongful discharge and other workplace litigation, corporate campaigns and union organizing matters, collective bargaining, arbitration and National Labor Relations Board proceedings. He has been quoted by the press on many labor matters, including the National Labor Relations Board’s recent initiatives on protected concerted activity and the proposed Notice Posting requirements.