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21 Mar 2014 Football is a “Year-round Gig”: The Briefs are in on Unionizing College Athletes

The parties have now submitted briefing on the question of whether the College Athletes Players Association (“CAPA”) can organize a bargaining unit comprised of Northwestern University college football players and students.  Specifically the briefs, which can be accessed here and here, debate whether CAPA is an appropriate labor representative and whether the students are actually employees within the meaning of the National Labor Relations Act.   CAPA’s brief argues that the students “perform valuable services…

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20 Mar 2014 Law on Unionization of Home Care Workers Continues to Shift

A new report from the National Women’s Law Center (“NWLC”) issued March 18 confirms that the law continues to shift on the unionization of home care workers, including child care and health care providers.  The employment status of these workers, who are often considered self-employed but in some cases receive payment for their services through government programs like Medicare/Medicaid, raises questions about whether they can be considered public employees for the purposes of unionization.  The…

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12 Mar 2014 UNITE HERE Attacks Obamacare

UNITE HERE has issued a report this week attacking Obamacare for actually making wage inequality worse.   The union argues that the ACA “threatens the middle class with higher premiums, loss of hours, and a shift to part-time work and less comprehensive coverage.”   The report says that the ACA will “strangle fair competition” and for many America results in a $3 to $5 per hour wage loss or a change in their job to…

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12 Mar 2014 NLRB Weekly Summary of Decisions

The National Labor Relations Board (NLRB) has updated their website with a weekly summary of decisions for the weeks of: Feb. 18-21; Feb. 24-28; and March 4-7, 2014. The summaries of NLRB decisions can be accessed by visiting the NLRB’s website or by clicking on the links that we’ve provided our readers with below. National Labor Relations Board: Summary of Decisions for Feb. 18-21, 2014 National Labor Relations Board: Summary of Decisions for Feb. 24-28,…

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10 Mar 2014 New Michigan Right to Work Lawsuit Filed After MEA Threatens to Send Teacher to Collections for Failing to Pay Dues

Last October we reported that the Mackinac Center had filed unfair labor practice charges with the Michigan Employment Relations Commission (MERC) against the Michigan Education Association (MEA). The MEA is the union that represents teachers throughout the State of Michigan. Those prior unfair labor practice charges alleged that teachers who wished to leave the MEA under Michigan’s Right to Work law were bullied and intimidated by the MEA and that the MEA’s “August window period” for…

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10 Mar 2014 NLRB Continues to Go Against the Grain with Arbitration-Related Decisions

Despite repeated rejections of the National Labor Board’s (the “NLRB” or the “Board”) decision in D.R. Horton by federal courts across the country, another NLRB judge has upheld the controversial ruling that some arbitration agreements are unlawful under the National Labor Relations Act (the “NLRA”). In his March 5 ruling in Network Capital Funding Partners, Administrative Law Judge William Nelson Cates found that the employer’s attempt to enforce the arbitration agreement entered into between the…

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27 Feb 2014 NLRB GC Issues Mandatory Advice Memo

NLRB General Counsel Richard Griffin issued a memorandum to all regional offices on Feb. 25, 2014 listing issues that must be submitted to his office for review. The first part of the list “includes matters that involve General Counsel initiatives or areas of the law and labor policy that are of particular concern” to the General Counsel. As such, it is instructive of those policy issues where the Board will focus attention and perhaps change…

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26 Feb 2014 Northwestern Football and NLRB Are Now On the Clock

During the NFL Draft which is now about two months away, we commonly hear the ESPN announcers tell us that “The Bears are now on the clock” as we breathlessly await their historically flawed first round draft pick. Today, it’s NLRB Region 13 Director Peter Sung Ohr who is on the clock. Testimony concluded yesterday in the hearing over the petition filed in an effort to organize the football players at Northwestern University as a…

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26 Feb 2014 NLRB Schedules Public Meeting On Proposed Election Rules Changes

According to a notice published in the Federal Register on Feb. 26, 2014, the NLRB is scheduling a public meeting for April 10-11, 2014 on its proposed changes to union election procedures. The meetings will be held at the NLRB’s Washington, D.C., offices. As previously noted on this blog, the NLRB issued a notice that it was re-visiting these proposed changes on Feb. 6 after previous efforts to alter them were thwarted. People desiring to speak at…

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24 Feb 2014 NLRB Weekly Summary of Decisions – Feb. 10-14, 2014

The National Labor Relations Board (NLRB) has updated their website with a weekly summary of decisions for the week of: Feb. 10-14, 2014. The summary of NLRB decisions can be accessed by visiting the NLRB’s website or by clicking on the links that we’ve provided our readers with below. National Labor Relations Baord: Summary of Decisions for Feb. 10-14, 2014. David PryzbylskiDavid J. Pryzbylski’s interest in labor relations began early in high school, having grown…

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