Unions

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In an important decision for employers and unions alike, the Third Circuit Court of Appeals, the federal appeals court with jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, held that a union could be liable under the federal Racketeering Influenced and Corrupt Organizations (RICO) Act.  The decision opens a new avenue…

The General Counsel of the National Labor Relations Board (NLRB) issued a Guidance Memorandum last week establishing her position that certain players at academic institutions are employees as defined by National Labor Relations Act (NLRA).  If collegiate athletes are protected as “employees” under the NLRA, then these athletes would have rights to organize and join…

The U.S. Supreme Court declared unconstitutional a California regulation that required agriculture employers to give union organizers access to their premises.  The Court held that by requiring employers to provide such access, the regulation amounted to an unconstitutional taking of private property in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution.

Below,…

The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has resulted in heightened protection for employee misconduct that takes place during the course of protected activity, such as strikes.  However, in General Motors LLC…

COVID-19’s impact on workplace matters continues to broaden.  The National Labor Relations Board, which has jurisdiction over most private sector employers, announced on Thursday that all union elections within its purview are suspended for two weeks.  Importantly, the suspension applies to both in-person and mail-in voting.

The Board implemented the freeze due to concerns over…

On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act.  The final rule restores the test that the Board had applied for several decades prior to the 2015 Obama-era decision in Browning-Ferris.  The final rule also provides more clear guidance on the issue,…

If you follow our blog, you know that the National Labor Relations Board’s election rules have been a hot topic over the past several years.  The Board’s election rules are critical, because time can often make a difference in whether a union election is won or lost.

In 2011, the Board started the process to…