On September 20, 2019, the NLRB issued a notice of proposed rulemaking to exclude undergraduate and graduate students who perform paid work for private colleges and universities in connection with their studies from the definition of employee under the National Labor Relations Act.  The proposed rule would prevent undergraduate and graduate teaching assistants from unionizing or collectively organizing.
Continue Reading NLRB Issues Proposed Rule That Grad Students Cannot Unionize

The Seventh Circuit recently upheld a local ordinance in Grande Chute, Wisconsin that banned all private signs on public rights-of-way despite challenges from a local labor union. In 2014, the town of Grande Chute passed a zoning ordinance that banned all private signs on public rights-of-way.  Under the authority of the zoning ordinance, two town officials ordered a local chapter of the Construction and General Laborers’ Union to remove the labor union’s large, 12-foot inflatable rat, which, like other unions across the country, had become a longstanding feature of the Union’s strike tactics.  Specifically, the Union had placed the inflatable rat in a median across from a car dealership that it was targeting.
Continue Reading The Seventh Circuit Upholds City’s Ban on Union’s Inflatable Rat

As anticipated and previously reported, the Republican-controlled Board is overturning Obama-era rulings. For example, in a recent decision, SuperShuttle Inc. DFW, Inc. (16-RC-010963), the National Labor Relations Board affirmed the Board’s adherence to the traditional common-law agency test.  This decision overrules the NLRB’s 2014 Decision, FedEx Home Delivery, 361 NLRB No. 65, which had modified the NLRB’s long-standing test for independent contractor status.
Continue Reading NLRB Returns To The Traditional Common-Law Agency Test for Independent Contractors

The National Labor Relations Board’s current joint employer standard received a mixed review from a federal circuit court late last month, providing some guidance on how courts may evaluate the Board’s ongoing rulemaking efforts.
Continue Reading D.C. Circuit Upholds Joint Employer Rule, Leaves Room for Changes through Rulemaking

The National Labor Relations Board (“Board”) has taken the first step to potentially reshape labor law since the May 21, 2018 Epic Systems case, in which the Supreme Court held that class waivers in arbitration agreements do not violate the National Labor Relations Act (“Act”).
Continue Reading NLRB Vacates Order in Cordúa Restaurants, Potentially Paving Way for Reshaped Labor Law Post-Epic Systems

Many in the labor community are familiar with the Machinists Union’s long running effort to unionize Boeing’s South Carolina-based 787 Dreamliner manufacturing facility.  After failing in two previous attempts to organize the entire facility, the Union recently won a bid to organize a “micro-unit” limited to a group of flight line technicians and inspectors. 
Continue Reading Business Groups Support Boeing’s Appeal in Controversial NLRB Bargaining Unit Case

Raytheon Network Centric Systems, 365 NLRB No. 161 (Dec. 15, 2017), is one of several decisions issued this month by the National Labor Relations Board’s (the “Board”) new Republican majority which reverse Obama-era precedent. Raytheon overrules the Board’s decision E.I. du Pont de Nemours, 364 NLRB No. 113 (2016), which limited the changes employers can make unilaterally in a union environment.
Continue Reading NLRB Reverses Prior Precedent – Expanding Changes Employers Can Make Unilaterally In Union Environment

During a week that brought several notable decisions, the National Labor Relations Board issued a ruling on Friday, December 15, 2017, overturning its controversial 2011 Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011) (“Specialty Healthcare”) , which held that in order for employees to be included in a collective bargaining unit, employers had to prove the employees shared an “overwhelming community of interest” with one another.
Continue Reading NLRB Overturns Prior Precedent, Eliminates “Micro Units” and Discards “Overwhelming Community of Interest” Standard

The National Labor Relations Board issued a much-anticipated decision on Thursday, overruling its controversial 2015 Browning-Ferris decision that unions and employees argued drastically expanded the definition and scope of the Board’s joint-employer doctrine. In Browning-Ferris, the Board departed from decades of precedent and held that entities who merely possessed—as opposed to directly and immediately exercised—control over workers would be deemed joint employers for purposes of assessing liability under the National Labor Relations Act.
Continue Reading NLRB Overrules Browning-Ferris to Reinstate Prior Joint-Employer Standard