Federal labor law protects neutral (secondary) employers from becoming entangled in labor disputes between another (primary) employer and unions. For most of the past decade, however, the NLRB has allowed
Continue Reading Scabby the Rat memo signals possible change to NLRB precedent on secondary activity
Union Organizing
The Ninth Circuit Gives The Green Light To Independent Contractor Ride-Sharing Collective Bargaining
Previously, I wrote about the “preemption” problem with the Seattle Ordinance regulating ride-sharing services like Uber and Lyft. After Seattle passed the Ordinance, the federal Ninth Circuit Court of Appeals…
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Columbia University Graduate Students End Their Strike…but the Saga Continues
This past Monday, April 30, marked the conclusion of a weeklong strike conducted by Columbia graduate students at the University’s campus. Timing, as people say, is sometimes everything – especially…
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Union Without An Election Victory? Yes, Sometimes
Normally, a union must obtain a majority of votes cast by employees in an election to be certified as the employees’ bargaining representative. However, if the employer has engaged in…
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Undergraduate Resident Advisors May Possibly Unionize…For Now
Undergraduate resident advisors usually wield a lot of power over university residence halls and those who occupy them. You likely know this already if you were ever a college freshman…
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Strike and You’re Out…of the Country
Sometimes, using only one word can make all the difference between a lawful and unlawful statement. Washington University in Saint Louis learned this lesson the hard way when in late…
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Columbia University: Employee or Not Employee – That is the Question?
Graduate students at most private universities have been allowed to unionize since the 2016 decision of the NLRB in Columbia University. This decision was controversial because the employee status…
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One Response to Union Organizing – Shut Down Completely
Recently, a majority of employees at the news websites DNAinfo and Gothamist decided to join the Writer’s Guild union to bargain collectively over their terms of employment. In response, the…
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The Potential Preemption Problem With Ride-Sharing Driver Unionization
With campaigns ongoing across the country aimed at raising the minimum wage at a state and local level, one might wonder, why not apply the same pressure on local governments…
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NLRB Rules That Workplace Recording Prohibitions Are Unlawful
Now that most, if not all, employees have smartphones with cameras in their pockets at all times, some employers have prohibited recording in the workplace. However, recent decisions by the…
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