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Labor Board to Revisit Right of Graduate Students to Unionize

The National Labor Relations Board (NLRB) has announced that it will propose rules on the standard for determining whether students who perform services at private colleges or universities in connection with their studies are “employees” within the meaning of Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 153(3)), with the right to form unions and engage in collective bargaining.

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LLC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the applicability of employment-related, mandatory arbitration agreements in a union context, after last year’s Supreme Court decision in Epic Systems Corp. v. Lewis.

NLRB Planning More Rulemaking

The National Labor Relations Board (NLRB) has announced that it plans to engage in more rulemaking through the end of the year in a number of areas. The agency released its proposed short term and long term rulemaking actions in the Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions released Wednesday by the Office of Management and Budget.

eLABORate: In a Boost to the Gig-Economy, NLRB Says Uber Drivers are Not Employees

The National Labor Relations Board (NLRB) has released an advisory opinion concluding that Uber drivers are independent contractors, restricting those drivers’ right to unionize, file labor complaints, or seek protections from the federal government.

Labor Board Announces Rulemaking Agenda: Should Employers Pay Attention?

The National Labor Relations Board announced today in its spring 2019 regulatory agenda that it intends to consider rulemaking in the following substantive areas arising under the National Labor Relations Act:

NLRB General Counsel Seeks to Deflate Scabby the Rat

Scabby, the gnarly, diseased, inflatable rat, has long been recognized as a symbol of a labor protest. During the Obama-era, the National Labor Relations Board likened the use of Scabby to peaceful, protected activities such as hand-billing and found that the rat did not have an unlawful, coercive effect. Not surprisingly, that view seems to have changed now that the Board has shifted to Republican control. In a recent advisory memo issued by the Board’s Office of the General Counsel, Scabby was categorized as a coercive symbol that “create[s] a symbolic, confrontational barrier” and is the “functional equivalent” of unlawful picketing. As such, the General Counsel’s memo urges the Board to overturn Obama-era Board precedent and find that a union’s act of inflating Scabby may violate the National Labor Relations Act.

Labor Board General Counsel’s Review of Employer Work Rules a Mixed Bag

The National Labor Relations Board’s (NLRB) General Counsel (GC) has issued an Advice Memorandum on whether unfair labor practice charges alleging four employer rules violated the National Labor Relations Act (NLRA) have merit. In a Memorandum released on March 14, 2019, the GC concluded that the employer’s dress-code, confidential-information, and media-relations rules were lawful, but its cell-phone rule was unlawful.

A Numbers Game: Labor Board Rules on Successor Employer’s Bargaining Obligation

The National Labor Relations Board (NLRB) has held that an operator of a unionized nursing home pursuant to a lease agreement with the former owner and operator was a successor employer under the National Labor Relations Act (NLRA), despite the fact that a majority of its bargaining unit employees did not come from the bargaining unit of the former operator. Ridgewood Health Care Center, Inc., 367 NLRB No. 110 (Apr. 2, 2019).

NLRB Finds Uber Drivers Are Independent Contractors, Not Employees

The National Labor Relations Board (NLRB) has concluded that Uber drivers are independent contractors, not employees. In an April advice memo just released this week, the NLRB handed Uber a big victory and left its drivers without the right to organize under the National Labor Relations Act.

Labor Board Upholds Employers’ Right to Provide Truthful Information about Right to Work Laws

The National Labor Relations Board (NLRB) has dismissed a complaint against a Wisconsin employer that published a document informing employees of their right to stop paying union dues under Wisconsin’s right to work law. Metalcraft of Mayville, 367 NLRB No. 116 (Apr. 17, 2019).