July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to be synonymous with this apex predator. Whether it is because the movie Jaws took place over
Articles Discussing Labor Union Organizing.
NLRB Rescinds 2020 “Election Protection Rule”
The NLRB has rescinded its April 1, 2020 election rule on blocking charges, voluntary recognition and construction industry bargaining relationships. The Board’s action eliminates safeguards on the use of blocking charges, removes the 45-day window for employees to challenge an employer’s voluntary recognition of a union and lowers the bar
Labor Board Returns to Pre-Trump Board Union Election Procedures
The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and construction industry collective bargaining relationships. The Final Rule reinstates the NLRB’s pre-April 2020 rule in each area.
U.S. Supreme Court Raises Standard for Labor Board When Seeking 10(j) Injunctions
The U.S. Supreme Court issued a decision directing district courts to use the traditional four-part test when evaluating whether a preliminary injunction should issue at the request of the National Labor Relations Board pending litigation of a complaint under the National Labor Relations Act. No. 23-367 (June 13, 2024).
Injunctive Relief is Injunctive Relief: In a Sweeping Victory for Employers, SCOTUS Rules Standard for 10(j) Relief No Different than Any Other Preliminary Injunction
Executive Summary: On June 13, 2024, the Supreme Court of the United States (SCOTUS) ruled in favor of Starbucks, and employers alike, holding that when district courts consider a request for preliminary injunction under §10(j) of the National Labor Relations Act (NLRA), they must apply the more stringent, traditional four-factor test for preliminary injunctions. This decision, which will make it more difficult for the National Labor Relations Board (NLRB or Board) to win temporary reinstatement of workers fired during labor disputes, may be a light at the end of a long tunnel for employers.
Financial Services Industry Webinar Series | Troubling Trends: Union Organizing in the Financial Services Industry
It is no secret unions are targeting banks and other financial services industry employers. While the financial services industry has a low union membership and representation rate, industry employers have experienced a significant increase in union organizing efforts since the pandemic.
First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union
Introduction
On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in
EntertainHR: How Employers Can Avoid a ‘Technical Foul’ When Faced with Union Organizing
With March Madness in full swing, thousands of us will gather around to watch young, talented athletes battle for the coveted National Title. Many of us are drawn to college basketball because of what it represents: young, motivated students playing their hearts out in the hopes of having a career
Dartmouth Refuses to Play Ball; Will it Draw a Charge?
True March Madness: NLRB Declares That Dartmouth Basketball Players Are Employees
By: True March Madness: NLRB Declares That Dartmouth Basketball Players Are Employees
In December, this blog alerted readers that in Memorandum GC 21-08, the National Labor Relations Board’s (NLRB) General Counsel Abruzzo declared that certain student-athletes “at Academic Institutions are employees under the Act, . . . . [and] misclassifying such
Dartmouth Men’s Basketball Team Votes to Form Union with SEIU
Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union
On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the National Labor Relations Board (NLRB), setting up a legal challenge that
Union Petitions Spike in 2022 and 2023, Ogletree Deakins NLRB Data Tracking Shows
Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while the average time to close petitions saw a significant drop in 2023, according to public
NLRB Regional Director Rules Dartmouth Basketball Players Are Employees, Setting Up Potential Landmark Board Case
On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor Relations Act (NLRA) and have the right to a union election. The ruling sets up what
NLRB Regional Director Rules Dartmouth College Basketballs Are Employees, Setting Up Potential Landmark Board Case
On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor Relations Act (NLRA) and have the right to a union election. The ruling sets up what