The National Labor Relations Board on Monday dismissed a petition filed by Northwestern football players who were seeking to unionize. In what is widely viewed as a surprising decision by the union-friendly Obama Board, in Northwestern University, the three Democrats and two Republicans on the Board unanimously declined to assert jurisdiction over Northwestern scholarship
Unions
Court Finally Brings Sanity to NLRB Prison Garb Decision
By Mark J. Swerdlin on
AT&T Connecticut and the Communications Workers of America were embroiled in bitter contract negotiations in 2009. Among other efforts to let the public know about the dispute, employees, many of whom had to go into customers’ homes, began wearing shirts that said “Inmate” on the front with a black box underneath the lettering. The back…
Labor Organizing: There’s About To Be An App For That
By Shelby S. Skeabeck & Jason N. Usher on
Recently, The Century Foundation, a group that pursues “non-partisan research and policy analysis” released a report on virtual labor organizing. The report assesses how a mobile application (“app”) or website could provide a platform that would help workers organize for labor campaigns.
According to the report, approximately 96 percent of workers use Internet, e-mail, or…
LA Labor Unions Seek Exemption From Minimum Wage Increase – Oh the Irony!
By Fiona W. Ong on
Posted in Unions, Wage & Hour
Admittedly, as a management-side labor and employment lawyer, I am not always a big fan of the unions. And a recent story in the LA Times just reinforced my negative attitude.
As many of you know, increasing the minimum wage has been a hot political issue, and labor unions have been strong and outspoken advocates…
Employees Reject Union in One of the First “Quickie Elections”
By Jason N. Usher on
In 1947, Shawe Rosenthal’s founder, Earle K. Shawe, filed the first unfair labor practice charge against a union under the Taft-Hartley Act. Now, in another major labor law first, S&R represented a Baltimore-based distribution company in the first NLRB election conducted by the Board in its Region 5 (generally covering the mid-Atlantic area) under its…
NLRB Final Rule Expediting Union Elections Takes Effect Next Week
By Mark J. Swerdlin on
Posted in Labor Law & NLRB, Unions
Absent an injunction issuing in one of the pending cases challenging the National Labor Relations Board’s Final Rule substantially revising its representation case procedures, the rules become effective April 14, 2015. The practical effect is that representation elections will be held in a shorter period of time, which reduces the ability of employers to educate…
Say What? NLRB ALJ Finds Hospital’s English-Only Rule Unlawful
By Shelby S. Skeabeck & Jason N. Usher on
The latest office fodder for me and my colleague, Jason Usher (who formerly worked at the National Labor Relations Board (“Board”)), involves an Administrative Law Judge’s (“ALJ”) decision, Valley Health System LLC, that found that a healthcare employer’s English-only rule violated the National Labor Relations Act (“Act”).
Many employers, especially those in the healthcare…
Thoughts on Unionizing College Athletes
By Mark J. Swerdlin on
Posted in Labor Law & NLRB, Unions
Even with the hoopla surrounding March Madness there has been equally compelling news regarding college football despite the fact that that sport is not even in season. The National Labor Relations Board’s Chicago office just handed down a decision that Northwestern football players are employees and have the right to organize. Nothing will happen immediately…
When Must Employers Permit Union Activities On Company Property?
By J. Michael McGurie & Bryan M. O'Keefe on
Posted in Labor Law & NLRB, Unions
Management-side labor attorneys often are spoilsports when it comes to outside groups entering company property to peddle their wares. Many employers think they are being the benevolent boss by inviting cable companies, cell phone providers, charities, etc. onto the company premises and allowing these groups access to their employees. But if you allow all of …
Will the Supreme Court Neuter Neutrality Agreements?
By Bryan M. O'Keefe on
For a labor law attorney like myself, today is Christmas morning at the Supreme Court. In contrast to most labor law cases which reach the High Court and usually involve procedural and/or constitutional issues and labor law itself is only a side show (like Noel Canning later this term), the case at 1 First Street …