Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions

WASHINGTON, D.C. — (Mealey’s) CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board (NLRB) proceedings concerning unfair labor practice...

Chief Justice Denies Request To Shut Down NLRB

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute over “recess” appointments to the...

Senate Confirms Five Members to the National Labor Relations Board

Ladies and gentlemen, the National Labor Relations Board is back in business. (Well, somebody tell that to the Board, where it's been business as usual lately. More on that in a moment.) Yesterday, the Senate voted mainly along party lines to confirm five members -- a full slate -- to the Board...

Griffin’s Nomination to be NLRB General Counsel to be Voted on by Senate

Senate Majority Leader, Harry Reid, has placed the nomination of Richard Griffin, Jr. to be General Counsel of the National Labor Relations Board on the Senate’s Executive Calendar for October 28, 2013, at which time there will be up to one hour of debate, equally divided, on the nomination. His...

Griffin Confirmed by the Senate to be NLRB General Counsel

After a successful cloture vote on October 29, 2013, the Senate conducted a roll call vote on the nomination of Richard Griffin, Jr. to be General Counsel at the National Labor Relations Board. He was confirmed by a vote of 55 to 44. Once sworn in, Griffin will take over from Lafe Solomon who has been...

Court Rejects NLRB’s D.H. Horton Decision Invalidating Limits on Class Arbitration

The U.S. Court of Appeals for the Fifth Circuit in a split decison in D.H. Horton v. NLRB , No. 12-60031, decided December 3, 2013, rejected the NLRB’s ruling that an agreement between employees and Horton requiring arbitration and prohibiting class or collective actions in arbitration was a violation...

U.S. Supreme Court Hears Oral Arguments in NLRB Quorum Appeal

WASHINGTON, D.C. — The U.S. president has the power to fill vacancies on the National Labor Relations Board during both inter-session and intra-session recesses, the U.S. solicitor general told the U.S. Supreme Court this morning during arguments in a closely watched appeal ( National Labor Relations...

The Debate About College Athletes as Employees Moves to the National Labor Relations Board

On January 28, 2014, players on the Northwestern University football team filed a petition with the National Labor Relations Board ("NLRB") seeking union representation. The petition is the first of its kind and, if successful, the Northwestern football team would be the first group of college...

The Obama NLRB and Confidentiality Rules

In a decision that is a preview for employers of things to come from the "new" and approved Obama NLRB, the Board affirmed an administrative law judge who found a confidentiality rule to be overly broad. MCPc, Inc. [ an enhanced version of this decision is available to lexis.com subscribers...

Non-Union Employers Should Pay Attention to the NLRB - Here's Why

The National Labor Relations Board has taken the position that many garden-variety employment policies violate the law. These rulings place employers in a “ Catch 22 ”—if employers rescind the policies, they could have trouble defending themselves in unemployment cases, wrongful termination...

The National Labor Relations Board 2013 Year in Review - An Overview of the Board’s Significant Actions

by Bruce Bagley and Adam Santucci Introduction From the looks of it, 2013 was a very rough year for the National Labor Relations Board (Board). Last year , we reported that the Board would face some serious legal battles in 2013. Some of those battles are over, and there are clear winners and losers...

NLRB Looks to Expand Reach With Latest Enforcement Priorities

Late last month, the new NLRB General Counsel, Richard Griffin, published a memo ( GC 14-01 ) outlining the matters that the Regions must submit to the NLRB’s Division of Advice for guidance on how to proceed. The memo is of key importance to employers, because it signals those matters that will...

The Wage-and-Hour Implications of the NLRB’s Northwestern Football Player Ruling

By now you’ve likely heard that yesterday a regional director of the National Labor Relations Board ruled that Northwestern University’s scholarship athletes are “employees” of the university covered by, and entitled to organize under, the National Labor Relations Act [ an enhanced...

Northwestern University Football Players Can Unionize, Says NLRB

CHICAGO -- National Labor Relations Board Region 13 Director Peter Sung Ohr issued a decision yesterday in the case ( 13-RC-121359 ) brought by Northwestern University football players seeking to unionize, concluding that all grant-in-aid scholarship players for the football team who have not exhausted...

Student Athletes Could…Go…All…The…Way…to the Bank

On Wednesday, the Regional Director for the Chicago Region of the National Labor Relations Board ("NLRB") ruled that football players receiving scholarships from Northwestern University are "employees" for the purpose of the National Labor Relations Act ("NLRA"). This ruling...

Senate Committee Holds Hearing on Nomination of Sharon Block to be a Member of the NLRB

On September 9, 2014, the U.S. Senate’s Health, Education, Labor and Pensions Committee (HELP) conducted a hearing on the nomination of Sharon Block, a Democrat, to once again be a Member of the National Labor Relations Board. She was nominated to take the place of Nancy Schiffer, a Democrat, who...

Remember that Job You Had 11 Years Ago? Well Good News!

In 2003, CNN replaced its unionized subcontractor with a non-union labor force. Well, the NLRB ruled in part that CNN was a joint employer, violated the NLRA by failing to bargain over this reshuffling, and acted with anti-union animus. More importantly (to CNN at least), the NLRB ordered CNN to hire...

The NLRB’S Designs to Re-Define Joint Employer

by Todd L. Sarver Are you a franchisor? Do you have contractors? Do you use a staffing agency? Do you outsource functions (food service, cleaning, security, etc.)? Do you have affiliate corporate entities you established to operate separately? Do you have a vertically integrated operation? If you...