Though it may come as a surprise to some employers, the NLRB generally recognizes the right of employees to wear union insignia (pins with union logos, etc.) while at work.
Continue Reading NLRB Follows Precedent Allowing Union Insignia At Work, But Did It Signal A Change?
Despite Hy-Brand, Browning Ferris May Still Be Overruled Soon
As my colleague Andrew MacDonald blogged on February 27 (here), the Board overturned its test for joint employer liability for the second time in approximately two months when it…
Continue Reading Despite Hy-Brand, Browning Ferris May Still Be Overruled Soon
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…
Continue Reading Union Without An Election Victory? Yes, Sometimes
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…
Continue Reading Undergraduate Resident Advisors May Possibly Unionize…For Now
The NLRB Returns to BFI
By a brief Order announced on February 26, 2018, the NLRB overturned its precedent on joint employer for the second time in a span of almost two months. Specifically, the…
Continue Reading The NLRB Returns to BFI
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…
Continue Reading Strike and You’re Out…of the Country
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…
Continue Reading Columbia University: Employee or Not Employee – That is the Question?
“Better Late than Never” Does Not Apply When Conducting a Union Election
On February 2, 2018, a split three-member Board panel held that a prior election won by a union must be vacated and, accordingly, ordered a second election as it found…
Continue Reading “Better Late than Never” Does Not Apply When Conducting a Union Election
Second Times the Charm? The NLRB Permitted Another Chance to Analyze Restaurant’s Work Rules
On January 29, 2018, the DC Circuit remanded a 2016 NLRB decision – Grill Concepts Servs., Inc., 364 NLRB No. 36 (2016) – back to the Board for reconsideration…
Continue Reading Second Times the Charm? The NLRB Permitted Another Chance to Analyze Restaurant’s Work Rules
Farewell to Micro-Units
In PCC Structurals, Inc., the NLRB overruled its 2011 Specialty Healthcare decision, which allowed for unions to organize employees in so-called “micro-units.” Now, the Board has returned to its…
Continue Reading Farewell to Micro-Units