Franczek Radelet P.C • December 09, 2013
As we reported last year, the fight over graduate student organizing rights has taken yet another tumultuous turn at the National Labor Relations Board. The Board has changed its position twice in recent years on the issue of whether graduate students are employees entitled to the protections of the National Labor Relations Act or merely students, who are not protected by the Act. The Board was set to address this issue in a pending case involving New York University (NYU), but a settlement last week between NYU and the United Auto Workers (UAW) will result in a withdrawal of the case and no new precedent.
Jackson Lewis P.C. • December 09, 2013
Publication of the Department of Labor’s final revisions to the Labor-Management Reporting and Disclosure Act (LMRDA), requiring employers and others to report arrangements, receipts, and expenditures derived from providing services defined as persuasive activities, has been delayed until March 2014, according to the DOL’s latest regulatory agenda. The proposed revisions to the LMRDA would change reporting obligations (to the DOL) significantly for companies and their consultants, including law firms that advise employers where an object thereof, directly or indirectly, is to persuade employees to exercise or not to exercise, or persuade employees as to the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing.
Jackson Lewis P.C. • December 06, 2013
Court Rejects NLRB Ruling that Mandatory Arbitration Clause Violates National Labor Relations Act.
Franczek Radelet P.C • December 05, 2013
In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since 1962. Dubbed the “persuader rules,” the regulations address Section 203 of the LMRDA, which, among other things, requires employers to file reports with the DOL when they hire consultants or contractors (including attorneys) to persuade employees on the issue of unions. As we reported back in July, the Obama administration slipped a November release date for the final rule onto its Unified Agenda of upcoming regulatory and deregulatory actions.
Fisher & Phillips, LLP • December 04, 2013
If you've been following the news, you probably realize that it has been a busy year for organized labor. The percentage of unionized workers in the private sector has fallen to historic lows, leaving unions with fewer dues-paying members, and motivating them to adopt new tactics to stem the decline. Exploiting a more favorable environment created by recent NLRB decisions promoting unionization, unions are turning their focus to grassroots organizations, social media, and previously uncharted geographical territory in an effort to revitalize their base.
Franczek Radelet P.C • December 02, 2013
As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act (NLRA). Despite being criticized by every federal court that has addressed the issue, the NLRB has continued to rely on D.R. Horton to find unlawful both mandatory and non-mandatory arbitration agreements. Last week, in Kmart Corp., an NLRB Administrative Law Judge (ALJ) not only followed D.R. Horton, but expanded its holding to further restrict the rights of employers to invoke arbitration agreements, even if such agreements contain opt-out clauses.
Littler Mendelson, P.C. • December 02, 2013
NYU and the UAW have reached an agreement to pave the way for an election among covered graduate students at NYU and NYU-Poly to determine whether the graduate students will be represented as a bargaining unit by the UAW.
Littler Mendelson, P.C. • November 06, 2013
An administrative law judge recently held that a hospital violated the National Labor Relations Act by refusing to provide the National Nurses Union (NNU) with copies of an internal nurse research and quality survey and staffing matrix. According to the ALJ, while substantial claims of confidentiality may justify refusals to furnish otherwise relevant information, the fact that the hospital had reason to believe that the union would provide internal staffing and patient care survey information to the press did not warrant such refusal.
Ogletree Deakins • November 06, 2013
But if you are at all interested in what may be coming out of new NLRB General Counsel Richard Griffin's office, and if you are an employer you should be, then you should at least know of Jennifer Abruzzo and Rachel Lennie, the new deputy general counsel and assistant general counsel respectively. See Corporate Counsel's, New NLRB GC Begins Building Labor Legal Team.
Brody and Associates, LLC • November 05, 2013
The Sixth Circuit Court recently held in Kindred Nursing Centers East, LLC v. NLRB that the National Labor Relations Board (“Board”) did not abuse its discretion in Specialty Healthcare, a decision allowing the creation of “micro-bargaining units” e.g., small groups of employees, in non-acute healthcare facilities.