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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“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
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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
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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
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Employers Rejoice: The Board Will Soon Have a Republican Majority Again
On January 12, 2018, President Trump nominated Morgan Lewis & Bockius partner John Ring to fill the last vacancy on the five-member Board and, if confirmed by the Senate, this
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Return to the Pre-BFI Joint Employer Standard and Moving Forward
Hy-Brand Industrial Contractors – the recent Board case overturning Browning Ferris Industries and restoring the previous joint employer standard – was perhaps the most important decision among the many decided
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Trump NLRB Gives Employers a Little More Leeway in Maintaining Work Rules
The National Labor Relations Board has ruled that an employer does not necessarily violate the National Labor Relations Act by maintaining a facially neutral work rule, policy or handbook provision
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New NRLB General Counsel to Regional Offices: Call Me
A recent Memorandum from Peter B. Robb, the NLRB’s newly installed General Counsel, reminded me of a stanza from Lewis Carroll’s The Walrus and The Carpenter. To paraphrase: “The
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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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