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On July 9, 2024, D.C. Circuit Court of Appeals remanded a National Labor Relations Board (“Board”) decision for further clarification. In GHG Management LLC v. NLRB, Case No. 22-1312 (D.C. Cir. July 9, 2024), the D.C. Circuit...more
Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
An arbitrator resolved a dispute between the parties in favor of the union, deciding that Exide Technologies had violated the collective bargaining agreement and the National Labor Relations Act (NLRA) by unilaterally...more
On June 10, 2020, a three-member panel of the National Labor Relations Board issued a decision limiting its own jurisdiction over the faculty of self-identified religious educational institutions. ...more
The National Labor Relations Board (“NLRB”) determined last week that it has no jurisdiction over faculty members at religious institutions of higher education in Bethany College, 369 NLRB No. 98. The decision overrules a...more
In a decision released on June 10, 2020, the National Labor Relations Board reversed its prior position regarding whether the Board may exercise jurisdiction over faculty at religious institutions of higher education. The...more
Seyfarth Synopsis: The National Labor Relations Board (“NLRB”) issued an important ruling strongly protecting the First Amendment rights of religious educational institutions, holding that “while the [National Labor...more
On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran...more
On June 10, the National Labor Relations Board (NLRB or Board) issued Bethany College, 369 NLRB No. 98, in which it held that it does not have jurisdiction over matters concerning teachers or faculty at bona fide religious...more
In a major reversal of a 2014 Obama-era precedent, the National Labor Relations Board just ruled that it will no longer assert jurisdiction over bona fide religiously affiliated schools. This decision is of enormous...more
We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board...more
Overruling a prior decision, the National Labor Relations Board (NLRB) has determined that it cannot exercise jurisdiction over the faculty of Bethany College, a college associated with the Evangelical Lutheran Church of...more
Similar to other disagreements between the NLRB and D.C. Circuit, a tension developed during the last several years regarding the appropriate standard to determine whether teachers at religious schools are covered by the NLRA...more
The D.C. Circuit recently rebuffed the National Labor Relations Board’s attempt to assert jurisdiction over adjunct faculty at Duquesne University, a religious college. Duquesne University v. NLRB, No. No. 18-1063 (D.C. Cir....more
On February 4, the NLRB granted United Federation of Teachers, Local 2, AFT, AFL-CIO’s (the “Union”) request for review of the Regional Director’s Decision and Direction of Election concerning a decertification petition filed...more
In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more
In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...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
The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more
In a recent decision, the National Labor Relations Board confronted the issue of whether it has jurisdiction over The Pennsylvania Virtual Charter School (PVCS) – a school formed pursuant Pennsylvania’s Charter School Law. In...more
In two separate cases decided on August 24, 2016, a divided National Labor Relations Board concluded that charter schools in Pennsylvania and New York are not political subdivisions within the meaning of Section 2(2) of the...more
Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more
Ever since the National Labor Relations Board (NLRB) blew open the joint employer concept last year in Browning-Ferris, it has been a rocky road for all involved to understand the implications of this new standard. The latest...more
Union organizing directed at religious college and university faculties has gained momentum since the National Labor Relations Board (“Board”) issued its decision in Pacific Lutheran University (“PLU”) in 2014. In PLU, the...more