In still another break with long-standing precedent, the National Labor Relations Board (NLRB) has once again eased the way for union organizing – this time for unions seeking to organize faculty at private sector universities and colleges. In Pacific Lutheran University, 361 NLRB No. 157 (December 2014), the Board adopted a new standard for determining when faculty may be considered to be “managerial employees,” which in turn critically impacts whether they may be subject to unionization.
Continue Reading New NLRB Determination Makes It Easier For Unions To Organize Faculty At Universities And Colleges
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NLRB Rules That College Football Team Can Seek to Form a Union
By Lee Tankle on
Posted in Unions
As Americans across the country anxiously stare at their National Collegiate Athletic Association (NCAA) Division I Men’s Basketball brackets, the Northwestern University Wildcats are dominating the headlines in both the sports and labor law communities. In what many sports and legal commentators are calling a game-changing decision (pun intended), on Wednesday, March 26, the Regional Director for the Chicago Regional Office of the National Labor Relations Board (NLRB) ruled that certain players on the Northwestern University football team could seek to form a union. Perhaps more importantly, the Decision is quite expansive in its interpretation of the term “employee.”…
Continue Reading NLRB Rules That College Football Team Can Seek to Form a Union
NLRB Issues Controversial Employee Notification Rule
By Adam Santucci on
Posted in Unions
On August 25, 2011, the National Labor Relations Board ("NLRB") announced the issuance of a "Final Rule" that will require employers to notify employees of their rights under the National Labor Relations Act ("NLRA"). The Final Rule will take effect on November 14, 2011.
Which employers are affected by the Final Rule? The Final…
NLRB Announces Proposed Rule Changes That Will Greatly Assist Union Organizing
By Adam Santucci on
Posted in Unions
This post was contributed by Bruce D. Bagley, Esq., a Member in McNees Wallace & Nurick LLC’s Labor and Employment Group, and Adam L. Santucci, Esq., an Associate in the Group.
On June 22, 2011, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking that, if finalized, would…
NLRB Issues Complaint Over Facebook Posts Mocking Supervisor
By Adam Santucci on
Posted in Employer Liability
In what the National Labor Relations Board’s (the "NLRB") Acting General Counsel called a "straightforward case" under the National Labor Relations Act ("NLRA"), the Hartford Regional Office of the NLRB issued a Complaint (pdf) alleging that an employer illegally terminated an employee who posted disparaging remarks about her supervisor on her personal Facebook page. While…
Human Resources Legal Compliance Checklist for 2009
By Michael Moore on
Posted in Workplace Trends
Human Resource Professionals face a demanding legal compliance year in 2009. The following five items should be added to your “To Do” list for the first quarter of ’09:
ADA Amendments Act Compliance (effective 1/1/2009): The amendments greatly expand the definition of disability refocusing compliance on determining whether the employee is “qualified” and evaluating reasonable…