Labor and Employment Law

Recent Posts

6th Circuit Strikes Back Against Union’s Self-Help Protest
Posted on 3 Aug 2011 by Jon Hyman

When does a union protest turn from lawful, protected conduct to unlawful harassment? A case decided yesterday by the 6th Circuit provides some guidance. Pulte Homes, Inc. v. Laborers' International Union of N. Am. (6th Cir. 8/2/11) [pdf] starts... Read More

NLRB Punts on Northwestern Football Union
Posted on 18 Aug 2015 by Philip Miles

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... Read More

NLRB, College Athletes, and the Case That Doesn’t Really Matter
Posted on 18 Aug 2015 by Jon Hyman

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”... Read More

Business Groups Challenge Constitutionality of NLRB “Ambush” Election Rule
Posted on 28 Jan 2015 by Steptoe & Johnson PLLC

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... Read More

NLRB Provides Employers a Roadmap to a Legally Compliant Off-Duty Access Policy
Posted on 4 Nov 2015 by Jon Hyman

Can an employer lawfully limit non-employees’ access to its facility? On its face, such a question might seem silly. After all, an employer should be able to control its property, right? What about access by union organizers? Does this wrinkle change... Read More

Lareau on Titan Tire Corp. of Freeport, Inc. v. USW: Seventh Circuit Holds Employer's Payment of Union Officials' Salaries Unlawful
Posted on 22 Dec 2013 by Peter Lareau

The Seventh Circuit held that an employer violated the Labor Management Relations Act (LMRA), when it paid the salaries of former employees who were serving as full-time employees of the union that represented the employer's employees. In doing so... Read More

White House Weighed in on MA Union Bill
Posted on 18 Jul 2011 by State Net

Back in April, shortly after Massachusetts' Democrat-controlled House, at the bidding of the state's Democratic governor, Deval Patrick, passed a decidedly un-Democrat-like bill curbing the collective bargaining rights of public employees,... Read More

'Referendum' on Union Rights Still Too Close to Call in WI
Posted on 11 Apr 2011 by State Net

A new front opened last Tuesday in Wisconsin's month-long battle over union rights, which moved to the courts two weeks ago. (See Battle Over Union Power in WI Shifts to Courts ) The state held an election for Supreme Court justice, which pit Democrat... Read More

Election Day Turnaround for Unions
Posted on 3 Dec 2012 by State Net

Less than two years ago, Wisconsin Gov. Scott Walker (R) announced plans to strip public employees of their collective bargaining rights as a means of shoring up the state budget, touching off a wave of efforts across the country aimed at curbing union... Read More

Northwestern University Football Players Can Unionize, Says NLRB
Posted on 27 Mar 2014 by LexisNexis Legal Newsroom Staff

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... Read More

Why Did a Judge Vacate Tom Brady's Suspension?
Posted on 3 Sep 2015 by Philip Miles

I'm assuming you already heard about it - today, a federal judge vacated Tom Brady's 4-game suspension for "Deflate Gate ." You can read the actual order here . Generally, arbitration decisions are final and courts afford them extraordinary... Read More

Union Power Struggle Still Not Over in WI
Posted on 7 Jun 2011 by State Net

Things have quieted down a bit in Madison, Wisconsin since March, when the state's Republican majority pushed a bill through the Legislature curbing the collective bargaining rights of most public employees amid raucous protests. But the battle over... Read More

Lareau on WKYC-TV: Abandoning Precedent, Board Holds Dues Deduction Clause Survives Contract Expiration
Posted on 4 Feb 2013 by Peter Lareau

This EIA discusses a recent decision of the NLRB that overturned 50 years of precedent. The impact of the Boards decision in WKYC-TV, holding that dues deduction clauses can survive contract expiration is analyzed with practical insight and commentary... Read More

Partisan Sparring over CT Union Deal
Posted on 25 May 2011 by State Net

Connecticut Gov. Dannel Malloy (D) and union officials have reached a comprehensive deal that is projected to save the state $1.6 billion over the next two fiscal years. One of the agreement's provisions is the imposition of a $35 copayment on... Read More

Detroit's Bankruptcy: Lessons For Employers
Posted on 19 Sep 2013 by John Holmquist

Most of the national attention to Detroit's bankruptcy has subsided. Those of us here in Detroit, however, have a daily dose of news about the proceeding. The Detroit Free Press ran an excellent in depth article this Sunday concerning to the causes... Read More