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The NLRB Gives Unions a Boost … Again

by John R. Merinar, Jr. As readers of this blog know well, union organizers all over the country have had the chance to act like children on Christmas morning an awful lot lately thanks to the National Labor Relations Board. Putting aside for a minute the fact that things have gotten so bad...

Proposed Ambush Election Rules Offer the Best Reason to Be Proactive About Union Avoidance

Last week I suggested that a pro-union NLRB has emboldened labor unions into more aggressive organizing efforts. You need not look any further than yesterday’s news that the NLRB has reissued its ambush-election rules . According to the Wall Street Journal , the median time between the filing...

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...

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...

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...

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...

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...

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...