|
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Report Link Hotel Lawfully Fired Front Desk Supervisor For Wearing Union Button.Ballard Rosenberg Golper & Savitt - October 01, 2007 In Sheraton Universal Hotel, a case handled by BRG&S partner Matt Wakefield, the National Labor Relations Board (“NLRB” or “Board”) ruled that the Sheraton Universal Hotel did not violate the National Labor Relations Act (“NLRA”) when it fired Front Desk Supervisor Kevin Grace, who had contacted a union about providing representation after refusing to stop wearing a union button while on duty. The dispute centered on whether Grace was a “supervisor” within the meaning of the NLRA, because supervisors are not protected under the NLRA. The NLRB overturned a decision by an administrative law judge (“ALJ”) and found that Grace was a supervisor; thus, his termination did not violate the NLRA. Report Link Organized Labor Urges Congress to Modify Definition of Supervisor.Ford & Harrison LLP - May 04, 2007 Hot on the heels of the Employee Free Choice Act, organized labor is pushing another piece of legislation with a catchy, if not misleading, name. In late March, supporters introduced the RESPECT Act in both the U.S. House and Senate. Short for the Re-Empowerment of Skilled and Professional Employee and Construction Tradeworkers Act, the RESPECT Act is no ode to Aretha Franklin. Rather, it would amend the definition of “supervisor” under the National Labor Relations Act (NLRA) and undo the National Labor Relations Board's (NLRB) recent Oakwood decision. Report Link The RESPECT Act: A Bad Law With A Snappy Acronym Is Still A Bad Law.Littler Mendelson, P.C. - April 12, 2007 Organized labor is making a push to place millions of "supervisors" into rank and file employees; the kind that could swell their ranks. Report Link Federal Court Finds NLRA Applies to Casino Operated by Native American Tribe.Ford & Harrison LLP - February 19, 2007 The D.C. Circuit Court of Appeals has held that the National Labor Relations Act (NLRA) applies to employment at a casino operated by a Native American tribe on its reservation. See San Manuel Indian Bingo & Casino v. NLRB (D.C. Cir. 2007). In reaching this determination, the court held that the application of the NLRA to the San Manuel Casino would not significantly impair tribal sovereignty; thus federal Indian law does not preclude the National Labor Relations Board (the Board) from applying the NLRA to a casino owned and operated by the tribe. Report Link Definition of Supervisor Expanded by the National Labor Relations Board.Fredrikson & Byron, P.A. - December 26, 2006 The National Labor Relations Board (“NLRB” or “Board”) is the federal agency charged with enforcement of the National Labor Relations Act (“NLRA” or “Act”), which governs the relationships between employers, their employees, and unions. The Act also covers non-union employees who engage in group activities relating to terms, conditions, and privileges of employment. In 1947, the Act was amended to exclude supervisors from its protection. Report Link Who is a "Supervisor"? (pdf).Ogletree Deakins - December 06, 2006 NLRB's recent ruling creates controversy. Report Link The National Labor Relations Board Issues Important Ruling on Who is a Supervisor Under the National Labor Relations Act (pdf).Phelps Dunbar LLP - December 04, 2006 In a decision that could send shock waves through
the American labor workforce, the NLRB ruled that
registered nurses who have permanent jobs with assigning
responsibilities must be considered supervisors and are,
therefore, ineligible to join unions. In Oakwood
Healthcare Inc., 348 NLRB No. 37, the NLRB held
recently that “permanent charge nurses” were supervisors
and, therefore, not covered by the NLRA. Additionally,
the NLRB held that workers who exercise independent
judgment and assign tasks are supervisors and thus, do
not have protected rights under the NLRA. Report Link National Labor Relations Board's Recent Decision May Mean More "Supervisors" for Hospitals and Other Employers (pdf).Nexsen Pruet - November 13, 2006 The ruling will impact many industries and employers. Report Link NLRB Clarifies and Expands Key Aspects of Supervisory Status Test.Littler Mendelson, P.C. - October 12, 2006 The National Labor Relations Board has issued a much-anticipated group of decisions that help to clarify central aspects of the test for supervisor status under the National Labor Relations Act. While the true scope and practical effect of these decisions will not be known for some time, the Board's new definitions do provide helpful guidance on an historically ambiguous issue and should prompt both unionized and non-unionized employers to examine the issue of supervisory status within their organizations. Report Link Labor Board Clarifies the Definition of Supervisor.Elarbee, Thompson, Sapp & Wilson, LLP. - October 11, 2006 The National Labor Relations Board recently clarified and expanded its definition of a “supervisor” in a decision that outraged labor unions because significantly more employees now qualify as supervisors who cannot join a union and enjoy no legal protection from unfair labor practices. Under the new definition a supervisor is an employee who: (1) assigns significant overall duties to other employees; (2) is held accountable for directing other employees to perform specific tasks; and (3) performs those duties without close direction from management. Report Link The National Labor Relations Board Issues Ruling Providing Guidelines Regarding Supervisory Status.Phelps Dunbar LLP - October 06, 2006 A major issue in almost any union organizational
campaign is whether an employee is a supervisor. The
supervisory status of an employee has important
implications regarding the National Labor Relation Act
(“NLRA”), because supervisors are not protected by the
NLRA. Report Link Labor Board Provides Guidance on Supervisor Status (pdf).Vedder Price - October 06, 2006 Under the National Labor Relations Act, employers may exclude supervisors from an employee bargaining unit and thus the determination of whether an individual is or is not a supervisor is of great import to employers and unions. On September 29, 2006, the National Labor Relations Board (the “Board”) issued three longawaited decisions clarifying the defi nition of “supervisor” under section 2(11) of the Act. Long before they were announced, organized labor politicized the anticipated decisions as a proxy for the Board’s view toward expanding or contracting union organizing rights. Report Link NLRB Provides Guidelines for Determining Supervisory Status Under NLRA.Ford & Harrison LLP - October 05, 2006 The National Labor Relations Board (NLRB) has issued a trilogy of decisions providing long-awaited guidance for determining whether an individual is a supervisor under the National Labor Relations Act (NLRA). See Oakwood Healthcare, Inc., 348 N.L.R.B. No. 37 (Sept . 29, 2006) (3-2); Golden Crest Health Care Center, 348 NLRB No. 39 (Sept. 29, 2006); Croft Metals Inc., 348 NLRB No. 38 (Sept. 29, 2006). In Oakwood Healthcare, the Board defined the terms “independent judgment,” “assign,” and “responsibly direct” as those terms are used in the NLRA’s definition of supervisor. The Board revised its definition of the term “independent judgment” in light of the U.S. Supreme Court’s 2001 decision that the Board had defined that term too narrowly. See NLRB v. Kentucky River Community Care, 532 U.S. 706 (2001). Report Link Clarification on "Supervisors" Gives Employers Strategic, Operational and Training Opportunities.Jackson Lewis LLP - October 05, 2006 Determining which employees are supervisors is critically important for all employers, whether they are unionized, union free, or somewhere in between. The most obvious distinction between "supervisors" and "employees" involves the rights guaranteed by the National Labor Relations Act to engage in concerted and protected activities, and to join or form a union. And although two of the three historic decisions issued by the National Labor Relations Board in the "Kentucky River trilogy" involved health care providers, the Board's interpretation and clarification of who is a supervisor sheds light in every workplace on the important questions of what employee actions are protected, who is subject to discipline, and how management can enforce expectations of loyalty. Report Link Labor Board Issues Historic Decisions Clarifying Standards for "Supervisor" Status.Jackson Lewis LLP - October 04, 2006 Employees who assign other employees to overall duties, are held accountable for directing subordinates to undertake specific tasks, and have the discretion to do so without close direction from management will be recognized as "supervisors." So says the National Labor Relations Board in a trilogy of decisions issued on September 29, 2006. Report Link Who Is a Supervisor, Anyway? Long-Anticipated Board Rulings Should Help to Clarify Supervisory Status.Jackson Lewis LLP - September 27, 2006 Addressing an issue that has been the subject of hundreds of legal challenges and two U.S. Supreme Court decisions, the National Labor Relations Board soon will clarify the definition of a supervisor under § 2(11) of the National Labor Relations Act. Report Link Court Directs NLRB to Explain the Reasons for its Determination Regarding University Faculty.Ford & Harrison LLP - August 07, 2006 In a significant victory for their client, Ford & Harrison attorneys Arnold Perl and Kathryn Pascover recently convinced the D.C. Circuit Court of Appeals that the National Labor Relations Board (NLRB) failed to adequately explain its determination that faculty members of an academic institution are covered by the National Labor Relations Act (NLRA). See Point Park University v. NLRB (August 1, 2006). Accordingly, the court remanded the case to the Board so that it can either explain its decision as required by applicable law or reconsider its determination.
Report Link Labor Board Solicits Input in Three Cases Involving Supervisory Status of RNs and LPNs.Jackson Lewis LLP - November 03, 2003 Addressing an issue that has been the subject of hundreds of legal challenges and two U.S. Supreme Court decisions, the National Labor Relations Board will reconsider the question of the supervisory status of RNs and LPNs.
|
Employment Law Seminars
Managing Business Exposures Successfully: Are You "All In" For The Continual Wave Of Workplace Risks?
Irving
2008-9-4 Jackson Lewis LLPTOP TEN WAYS TO VIOLATE WAGE-HOUR LAWSSacramento
September 9, 2008 Shaw Valenza LLPUnlocking The Mystery Of Employee Privacy RightsLos Angeles
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsCosta Mesa
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsSacramento
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsSan Francisco
2008-9-9 Jackson Lewis LLPEmployee vs. ContractorColumbia
September 9, 2008 Nexsen PruetEmployee Free Choice Act: Labor’s Attack on Your Employees’ Right to ChooseOnline
September 9, 2008 McGuire WoodsThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActStamford
2008-9-10 Jackson Lewis LLPHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSan Francisco
September 11, 2008 Shaw Valenza LLP |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2006 elinfonet.com, llc.
All Rights Reserved.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||
Federal Article Feeds