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26 May 2017 Senator Introduces Bill To Amend NLRA And Reverse Micro-Unit Trend

  It’s been a busy few weeks on the micro-unit front. As just reported on the blog, Chairman Philip Miscimarra recently signaled he would like to overturn the National Labor Relations Board’s decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), that gave rise to a wave of micro-units in recent years. Following on the heels is news out of the Senate on May 24 that some members of Congress also…

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22 May 2017 End In Sight For The Micro-Unit Nightmare Spawned By NLRB’s Specialty Healthcare Decision? Maybe…

  There appears to be light at the end of the micro-unit tunnel. Anyone following National Labor Relations Board (NLRB) developments knows that few decisions have had as much impact on U.S. labor law as the agency’s decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011). Now, NLRB Chairman Philip Miscimarra just offered hope, saying that the Specialty Healthcare decision may have been off-base. That decision paved the way for a…

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19 May 2017 First-Year Report Card on Graduate Student Assistants Unionization

  Last fall, the National Labor Relations Board (NLRB) re-opened the door to unionization by graduate student assistants. The NLRB overturned 12 years of precedent and ruled that graduate assistants at Columbia were employees eligible to unionize under the NLRA. An entire school year has passed since that ruling in August 2016, so we wanted to provide a progress report on graduate student unionization.   At Columbia, the university at issue in the August NLRB case,…

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18 May 2017 Another Overreach? NLRB Finds Company Violated the NLRA by Retaliating Against Former Employee for Filing FLSA (Not NLRA) Class Action

  From scrutiny of class action waivers to invalidating non-union employer handbooks, we’ve seen the National Labor Relations Board (NLRB) over the past eight years incrementally expand and encroach into areas companies never expected. This means companies have had to deal in totally different ways with the agency traditionally known for governing management-union relations.   On May 16, the NLRB broke new ground yet again in its decision in MEI-GSR Holdings, LLC, 365 NLRB No….

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17 May 2017 Summary of NLRB Decisions for Week of May 1-5

  The summary of NLRB decisions for the week of May 1-5 is now available.   Summarized Board Decisions     Voices for International Business and Education, Inc., d/b/a International High School of New Orleans  (15-CA-182627; 365 NLRB No. 66)  New Orleans, LA, May 5, 2017.   The Board granted the General Counsel’s motion for summary judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or…

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15 May 2017 The Saga Continues: NLRB’s Browning-Ferris Decision On Joint Employment Still Drawing Attention – This Time From Congress

  Since the National Labor Relations Board (NLRB) issued its now infamous Browning-Ferris decision in August 2015 that significantly altered its standard for evaluating “joint employment,” businesses – particularly those utilizing franchise models – have been concerned and confused about how broadly that standard is to be applied.  In Browning-Ferris,  the NLRB stated that it will no longer require that a company actually exercise control over a workforce’s terms and conditions of employment in order…

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04 May 2017 Summary of NLRB Decisions for Week of April 24-28

  The summary of NLRB decisions for the week of April 24-28 is now available.   Summarized Board Decisions   Diamond Trucking, Inc.  (25-CA-144424; 365 NLRB No. 64)  Peru, IN, April 25, 2017.   The Board (Members Pearce and McFerran; Chairman Miscimarra, dissenting) granted the General Counsel’s exceptions to the Administrative Law Judge’s conclusion that the Union did not have an objective, factual basis for believing that an alter-ego relationship existed to establish the relevance of…

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01 May 2017 NLRB Appointments in the Works?

  Published reports indicate that two appointments are in the works for the NLRB that will bring the Board up to its full complement and finally swing the Board’s majority back to the Republicans.   Bloomberg BNA is reporting that the Trump Administration has narrowed the field down to Marvin Kaplan and William Emanuel to fill the two openings on the Board.  Kaplan is an attorney for the Occupational Safety and Health Review Commission, an…

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27 Apr 2017 Summary of NLRB Decisions for Week of April 10-14

  The summary of NLRB decisions for the week of April 10-14 is now available.   Summarized Board Decisions   Aqua-Aston Hospitality, LLC d/b/a Aston Waikiki Beach Hotel and Hotel Renew  (20-CA-154749, et al.; 365 NLRB No. 53)  Honolulu, HI, April 10, 2017.   The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated: (1) Sections 8(a)(3) and (1) by issuing two employees written warnings for engaging in protected activity; and (2) Section…

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26 Apr 2017 Trump Appoints Miscimarra as Chairman of NLRB

  President Trump has named Philip A. Miscimarra Chairman of the National Labor Relations Board. Chairman Miscimarra had been acting chairman since Jan. 23, 2017.  The position, while largely administrative, may bode well for Miscimarra’s renomination to a new term. Chairman Miscimarra’s term expires on Dec. 16, 2017.  Two seats on the five-member board remain vacant.   Scott WitlinScott J. Witlin is a partner in the Los Angeles office of Barnes & Thornburg and a member of…

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