With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several...more
The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth...more
Once again, the National Labor Relations Board’s sole Democrat, Chairman McFerran, has issued a dissent that sheds light on how a Biden-Board likely will reverse precedent established by the Trump-Board. This update is our...more
As the National Labor Relations Board transitions from a Republican-majority to a Democrat-majority, the Board’s sole Democrat, Chairman McFerran, continues to provide a window into what the future is likely to look like...more
As the National Labor Relations Board transitions from a Republican-majority to a Democrat-majority, the Board’s sole Democrat, Chairman McFerran, continues to provide a window into what the future is likely to look like...more
Seyfarth Synopsis: When a new President is about to shift the balance of power at the National Labor Relations Board, a Board dissent can foreshadow how the newly constituted Board will consider a similar issue. Such is the...more
Seyfarth Synopsis: During the COVID-19 crisis, the NLRB (for the most part) has truncated its operations to those operations and functions that can proceed without threatening the health of its employees or the public. ...more
UPDATE: The new rule published in the Federal Register on December 18, 2019 was to take effect on April 16, 2020, but that effective date has been moved back to June 1. 2020 by the NLRB....more
Seyfarth Synopsis: On December 13, 2019, the National Labor Relations Board (“Board”) announced the final rule amending the procedures used for elections to determine whether employees desire to be represented by a labor...more
12/20/2019
/ Ambush Election Rules ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
Labor Relations ,
New Rules ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Rulemaking Process ,
Union Elections ,
Unions
Seyfarth Synopsis: An important issue for colleges and universities is whether faculty are “managerial” employees under the National Labor Relations Act, and thus precluded from union organizing. ...more
Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for...more
12/15/2017
/ Columbia University ,
Jurisdiction ,
NLRB ,
NLRB General Counsel ,
Northwestern University ,
Pacific Lutheran University ,
Policy Memorandums ,
Regulatory Oversight ,
Regulatory Standards ,
Religious Schools ,
Section 7 ,
Student Athletes ,
Teaching Assistants ,
Unfair Labor Practices
Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for...more
12/14/2017
/ Columbia University ,
Employee Definition ,
Jurisdiction ,
NLRB ,
NLRB General Counsel ,
Northwestern University ,
Pacific Lutheran University ,
Policy Memorandums ,
Religious Schools ,
Section 7 ,
Student Athletes ,
Teaching Assistants ,
Unfair Labor Practices
Seyfarth Synopsis: Congressional Committee Head Virginia Foxx (R-NC) and Subcommittee Chair Tim Walberg (R-MI) ask NLRB General Counsel Griffin to either immediately rescind his January 31 report regarding the purported...more
Seyfarth Synopsis: In a last minute attempt to leave his mark on the NLRB, the Board’s outgoing General Counsel issued a report attempting to expand the rights of university faculty and students, including scholarship...more
2/2/2017
/ Colleges ,
Columbia University ,
Faculty ,
Jurisdiction ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Northwestern University ,
Pacific Lutheran University ,
Protected Concerted Activity ,
Religious Schools ,
Student Athletes ,
Unfair Labor Practices ,
Unions ,
Universities
Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more
8/27/2016
/ Collective Bargaining ,
Colleges ,
First Amendment ,
Graduate Students ,
Jurisdiction ,
NLRA ,
NLRB ,
Religious Schools ,
Students ,
Unions ,
Universities
Last week the National Labor Relations Board decided to reconsider whether graduate teaching assistants at private universities should be treated as employees under the National Labor Relations Act. The case, The New School,...more
On October 21, 2015, the Second Circuit Court of Appeals upheld the ruling of the National Labor Relations Board (“Board”) decision in Triple Play Sports Bar and Grill, 361 NLRB No. 31 (2014). The employer, Triple Play, had...more
The NLRB is expected to release its long-anticipated decision in Browning-Ferris Industries of California, Inc. shortly, possibly today. This decision will likely mark a radical departure from the currently accepted standard...more
8/27/2015
/ Browning-Ferris Industries of California Inc. ,
Construction Industry ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Franchisors ,
Hotels ,
Joint Employers ,
NLRB ,
Popular ,
Restaurant Industry ,
Subsidiaries ,
Unions ,
Webinars