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28 Oct 2015 Another NLRB Flip-Flop in the Works: Unions Seek to Organize College and University Graduate Assistants

It appears the NLRB may be poised to reverse Brown University, 342 N.L.R.B. 483 (2004) and use its decisional law to expand its jurisdiction. In Brown the Bush Board categorically held that graduate student assistants are not employees within the meaning of the National Labor Relations Act. The Board in Brown had emphasized the fact that the students’ relationships with the university were predominantly academic, rather than employment-related. Most recently the holding in Brown was…

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27 Oct 2015 An NLRB Hobgoblin: NLRB Excelsior List Requirement Expanded Under Interpretation of Board’s New Election Procedure Rule

The NLRB’s New Election Procedure Rule (here and here) vastly expands the requirements placed on employers as part of the union election process. Employers worried that the expanded requirements would provide new and multiple avenues for unions’ to object to negative election results. The case discussed below demonstrates those fears were not unfounded.   One expansion of the NLRB’s election rule procedures was that related to the Excelsior List/Voter Eligibility List requirement. This is the list…

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20 Oct 2015 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 13 – 16, 2015

The Summary of NLRB decisions for the week of October 13 – 16, 2015, is now available.   Unpublished Board Decisions in Representation and Unfair Labor Practice Cases   R Cases   Didlake, Inc.  (05-RC-149149)  Arlington, VA, October 16, 2015.  No exceptions having been filed to the Regional Director’s overruling of an objection to an election held May 11, 2015, the Board adopted the Regional Director’s findings and recommendations, and certified that a majority of…

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15 Oct 2015 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 5 – 9, 2015

The Summary of NLRB decisions for the week of October 5 – 9, 2015, is now available.   Unpublished Board Decisions in Representation and Unfair Labor Practice Cases   C Cases RGIS, LLC  (28-CA-136313)  Mesa, AZ, October 8, 2015.  Order granting the joint motion of the Respondent, the Charging Party, and the General Counsel to waive a hearing and decision by an administrative law judge and to transfer the proceedings to the Board for a…

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12 Oct 2015 NLRB WEEKLY SUMMARY OF DECISIONS, SEPTEMBER 28 – OCTOBER 2, 2015

The Summary of NLRB decisions for the week of September 28 – October 2, 2015, is now available.   Summarized Board Decisions   United States Postal Service  (18-CA-142795; 363 NLRB No. 16)  Minneapolis, MN, September 29, 2015. The Board denied the General Counsel’s motion for summary judgment.  In a footnote, Member Miscimarra observed that the General Counsel alleges that Respondent’s rule regarding the “Interception of Oral or Wire Communications by Postal Employees” violates Section 8(a)(1). …

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02 Oct 2015 NLRB WEEKLY SUMMARY OF DECISIONS, SEPTEMBER 21 – 25, 2015

The Summary of NLRB decisions for the week of September 21 – 25, 2015, is now available.   Summarized Board Decisions   International Longshore and Warehouse Union, AFL-CIO, and International Longshore and Warehouse Union, Local 8, AFL-CIO, and International Longshore and Warehouse Union, Local 40, AFL-CIO (ICTSI, Inc.)  (19-CC-082533, et al.; 363 NLRB No. 12)  Portland, OR, September 24, 2015.   A unanimous panel of the Board affirmed the Administrative Law Judge’s findings that Respondent…

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02 Oct 2015 Is there a UAW Strike Looming? UAW Members Reject Fiat-Chrysler Deal and the UAW Appears Ready to Target Ford Next

The United Auto Worker (UAW) negotiations with Fiat-Chrysler, the fourth-largest U.S. automaker, have taken a sudden turn for the worse. Despite the back-slapping between UAW President Dennis Williams and Fiat-Chrysler CEO Sergio Marchionne just weeks ago, the rank-and-file voted down a tentative four-year agreement by 65 percent. This is the first major UAW contract rejected by workers since the 1980s. Some critics are asking what prompted the workers’ rejection of the deal, considering it included…

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30 Sep 2015 When Will the Other Shoe Drop? NLRB May Hand Down Second Blow after Browning-Ferris

Employers are just beginning to deal with the effects of the NLRB’s Browning-Ferris decision, but signs indicate that the Board may soon decide a second major case regarding joint employers. As our team recently explained here, Browning-Ferris changed the Board’s “joint employer” test. Under the new test, it is effectively much easier for the Board to find a company and a staffing agency, for example, to be joint employers with shared liabilities and duties under…

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30 Sep 2015 NLRB: Not-for Profit Canvassers Are Not Independent Contractors

Canvassers for a Minneapolis-based not-for-profit were found last week by the NLRB to be employees and not independent contractors.  In so ruling, the board reversed an administrative law judge’s ruling to the contrary and applied its new standard from FedEx Home Delivery, 361 NLRB No. 55 (2014), in which the board “restated and refined” the analysis for evaluating whether individuals are employees or independent contractors.   In coming to this conclusion, the board summarized the…

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25 Sep 2015 NLRB WEEKLY SUMMARY OF DECISIONS, SEPTEMBER 14 – 18, 2015

The Summary of NLRB decisions for the week of September 14 – 18, 2015, is now available.   Summarized Board Decisions   Remington Lodging & Hospitality, LLC d/b/a The Sheraton Anchorage  (19-CA-032599, et al.; 363 NLRB No. 6)  Anchorage, AK, September 15, 2015.   The Board affirmed the Administrative Law Judge’s findings that the Respondent violated Sections 8(a)(1), (3), (4), and (5) as alleged in the complaint, including by disciplining and discharging an employee and…

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