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Congratulations to Boeing's Employees and to South Carolina!

On February 15, 2017, the vast majority of Boeing’s employees in North Charleston and Ladson, South Carolina, rejected the International Association of Machinists’ attempt to unionize them. Of the 2,828 Boeing employees who voted, 2,097 of them -- 74% -- voted against unionization.

Labor Department Nominee’s Opinions as National Labor Relations Board Member

R. Alexander Acosta, President Donald Trump’s nominee as the next Secretary of Labor, served on the National Labor Relations Board from December 17, 2002, to August 21, 2003. He was confirmed by the United States Senate on November 22, 2002, having been nominated by President George W. Bush. Acosta, a Republican, served with fellow Board members Wilma Liebman (Democrat), Peter Schaumber (Republican), Dennis Walsh (Democrat), and Chairman Robert Battista (Republican). During his term, Acosta participated in the issuance of more than 120 opinions.

Alex Acosta, Former NLRB Member, Nominated as Secretary of Labor

President Trump announced today that he intends to nominate R. Alexander Acosta as the Secretary of Labor. Mr. Trump’s initial nominee for the position, Andrew Puzder, withdrew his candidacy yesterday.

Employers Should Prepare for Rare General Strike

Employers may face a rare general strike as soon as February 17. Activists and strike organizers are seeking to demonstrate against the policies of the current administration and congressional majority leaders. The call to action has been widely covered by the media, and has been the subject of numerous social media posts. Employers should plan to respond to any workplace disruptions and to address work rules violations in a timely manner.

'A Day Without Immigrants' National Strike Planned – What Can Employers Do?

Activists throughout the U.S., but focused in Washington, D.C., are planning a protest that exhorts employees not to report to work on February 16, 2017, as one measure to demonstrate what a “Day Without Immigrants” can mean to the economy.

Employees, Political Advocacy and the NLRB – What Can an Employer Do?

In the first few weeks of the Trump Presidency, there have been numerous marches, protests and other forms of political advocacy expressing views both in support of and in opposition to the President’s various appointments, executive orders and other actions. Employers concerned about protests potentially planned for the next few months and political advocacy in general understandably have questions surrounding how political demonstrations may affect their workplaces.

Wait . . . Can They Do This? Employers’ Responses to a National General Strike

What began as a rumor has now become a real possibility for significant grassroots action. Activists who oppose President Trump have called for a national general strike on Friday, February 17, 2017. According to main organizing group, Strike4Democracy, President Trump has “put our foreign policy and our very democracy in peril” by taking numerous actions that, “signal a move away from democratic governance.”

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship Football Players are Employees

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. We previously reported on each of these decisions here, here, and here. All three cases were “representation cases” and arose in the context of a union’s attempt to organize graduate students, student-athletes, or faculty. In those cases, however, the NLRB did not address how the unfair labor practice provisions of the National Labor Relations Act apply to students or workers at private universities.

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar cases pending at the NLRB will be held in abeyance while the Court resolves this issue. The NLRB’s general counsel recently issued a memorandum to the agency’s regional offices providing a partial answer to this question.

The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard F. Griffin, Jr., explains several NLRB enforcement positions on National Labor Relations Act (NLRA) employee status in the university setting. Most dramatically, the memorandum, which was issued on January 31, 2017 to all Regional Directors, Officers-in-Charge, and Resident Officers, declares National Collegiate Athletic Association (NCAA) football players are actually employees. “We conclude that scholarship football players in Division I FBS private sector colleges and universities are employees under the NLRA, with the rights and protections of that Act.”