LexisNexis® Legal Newsroom
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...

NLRB Judge Gives Booby Prize to Hooters' Workplace Policies

In Hooters of Ontario Mills [pdf] , an NLRB Administrative Law Judge found that a California franchisee of Hooters unlawfully fired a waitress for complaining about a bikini contest that she perceived as fixed [ an enhanced version of this opinion is available to lexis.com subscribers ]. In the same...

Supreme Court Announces New Incursions into Public-Sector Union Security

On the last day of the current term, a divided Supreme Court ruled that the First Amendment limits the ability of public-sector unions to capture so-called "fair share" fees. Justice Samuel Alito wrote the opinion which held that in-home care workers who did not wish to join a union could not...

Split US Supreme Court: Partial Public Employees Can’t Be Required To Pay Union Fees

WASHINGTON, D.C. — (Mealey’s) A class of in-home care providers, classified as “partial public employees,” who do not wish to join or support a union cannot be required to pay an agency fee, a split U.S. Supreme Court ruled this morning ( Pamela Harris, et al. v. Pat Quinn, Governor...

“Unionism” as a Protected Class?

Way back in 2012, the New York Times published an op-ed titled A Civil Right to Unionize , which argued that Title VII needs to be amended to include “the right to unionize” as a protected civil right. At the time, I argued that including “unionism” as a protected class was the...

Wisconsin Supreme Court Backs Walker, Upholds Anti-Union Law

The Wisconsin Supreme Court upheld a controversial 2011 law championed by Gov. Scott Walker (R) that essentially bars collective bargaining for public employee unions. Unions had challenged the law, calling it unconstitutional. But by a 5-2 decision, the state's high court disagreed. As reported...

McNees Wallace & Nurick: "Micro-Units": NLRB Eases The Way For Union Organizing

by Bruce D. Bagley Even the most casual of observers would have to be wearing blinders not to notice the extraordinary efforts made by the Obama Administration to make it easier for labor unions to organize the non-union workforce. From its promotion of the Employee Free Choice Act (EFCA), which was...

Lareau on Harris v. Quinn: Supreme Court Strikes Down Illinois Agency Fee Provision Applicable to Personal Care Providers

Excerpt: In Harris v. Quinn , 2014 U.S. LEXIS 4504 [an enhanced version of this opinion is available to lexis.com subscribers] , the Supreme Court, split 5-4, held that Illinois could not compel "personal care providers" to pay an agency fee to a union designated as their collective bargaining...

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...

Directing the Delicate Union Decertification Dance

It was one of the most tense moments of my career. One for the union, one for the employer. That’s how the folded pieces of paper lifted out of the previously sealed box. I sat in the conference room of my client, a company saddled with a labor union it did not want, and a group of employees, who...

NLRB Hits Employers Facing Union Organizing With a One-Two Punch

On December 12, 2014, the National Labor Relations Board ("NLRB") dealt employers facing union organizing a blow by adopting the controversial “quickie election” rule. The rule amends the pre-election procedures and processes for conducting a representation election to determine...

VW and UAW: Sign and Then What?

VW announced that the UAW has been certified as representing at least 45% of the workforce at its Tennessee plant under its Community Organization Engagement policy and that the union will therefore have the opportunity to meet with plant management and executive committees every other week. The UAW...

AFL-CIO’s Industry Wide Agreement May Have Wide Reach in Hospitality Industry

by Rachel Tischler Mid-way through 2012, the Hotel Association of New York City and the New York Hotel & Motel Trades Council, AFL-CIO (the “Union”), renewed a seven-year collective bargaining agreement known as the Industry Wide Agreement, or IWA. While the IWA controls nearly all...

Business Groups Challenge Constitutionality of NLRB “Ambush” Election Rule

by Jami K. Suver On December 15, 2014, slightly less than three years after the NLRB’s first thwarted attempt, a final rule (the “2014 Final Rule”) reducing the time between the filing of an election petition and holding workplace union representation elections was published in the...

Illinois Governor Imposes Right-to-Work For Public Employees

Illinois Gov. Bruce Rauner (R) issued an executive order last week absolving public employees who decline to join a union from having to pay fees that support union activities like collective bargaining. State law currently allows state workers to opt out of joining a union but they still have to pay...

An End Run Around Michigan's Right to Work Law? Not So Fast.

Michigan's right to work law was passed and signed in December of 2012. The law did not go into effect until March 28, 2013. The law contains a provision which states that collective bargaining agreements("CBA") with union security clauses in effect before the March effective date would...

State Net Capitol Journal: Republicans Push Right-To-Work Laws Against Determined Opposition

by Lou Cannon Buoyed by hefty legislative majorities, Republicans in several states are pushing hard for right-to-work laws and other anti-union legislation. Democrats and their labor allies are pushing back, both in the legislatures and the courts. The GOP marked a major victory this month as...

NLRB Issues Official Guidance on “Ambush Election” Rules

One week from today, the NLRB’s “ambush election” rules take effect. Yesterday, the Board published its official guidance discussing how it will process representation cases going forward. According to the Board, these new rules do not “establish new timeframes for conducting...

U.S. Supreme Court Accepts California Teachers’ Union Support Dispute

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court this morning granted the petition for writ of certiorari in an appeal asking it to decide whether Abood v. Detroit Bd. of Ed. , 431 U.S. 209 (1977) [ an enhanced version of this opinion is available to lexis.com subscribers ] [ Lexis Advance...

NLRB Upholds Racist Speech as Protected Activity Under National Labor Relations Act

by Andrew J. Barber In a ruling which was a bit of a surprise to some in the employer community, a Judge of the National Labor Relations Board recently concluded that racist a speech made during picketing of an employer qualified as protected activity under Section 7 of the National Labor Relations...

NLRB Unanimously Declines Jurisdiction in Northwestern Football Player Unionization Case

The National Labor Relations Board has declined to assert jurisdiction in which Northwestern University grant-in-aid scholarship football players sought representation by the College Athletes Players Association for the purpose of collective bargaining. On March 26, 2014, the NLRB Regional Director for...

NLRB Punts on Northwestern Football Union

Yesterday, the NLRB issued its long-awaited decision in the Northwestern University football team's union bid. So, are college football players employees, or not? The NLRB drops back... annnnnd... it's a punt! You can read the decision and a press release . In short, the NLRB declined to exercise...

NLRB Punts on Northwestern Football Union

Yesterday, the NLRB issued its long-awaited decision in the Northwestern University football team's union bid. So, are college football players employees, or not? The NLRB drops back... annnnnd... it's a punt! You can read the decision and a press release . In short, the NLRB declined to exercise...

NLRB, College Athletes, and the Case That Doesn’t Really Matter

Yesterday, the NLRB closed its book on the attempt of Northwestern University’s scholarship football players to unionize, not with a thud but with a whimper. The NLRB unanimously passed on the issue of whether college athletes are “employees”, and instead held that the NLRB lacked jurisdiction...

3 Ways Businesses Can Protect Themselves in Pro-Union Times

by Donald R. Keller Do your work rules align with recent National Labor Relations Board rulings? Are you prepared to ward off a unionization campaign? With the makeup of the NLRB, the two questions are tightly entwined. Though unions comprise only 6.6 percent of the workforce nationwide, today’s...