This week, in an expected decision, the National Labor Relations Board (“NLRB” or “Board”) reinstated its prior “clear and unmistakable” waiver standard—a standard that has been much criticized by the courts—for determining when an employer’s unilateral change to terms and conditions of employment violates the National Labor Relations Act (“NLRA”
Coalition of Higher Ed Unions Issues Joint Statement on Future of Higher Ed under Harris Administration
Last week, a coalition of 11 international unions, such as the SEIU, AFT, UAW, and CWA, representing faculty, staff, and graduate workers across college and university campuses around the country issued a “Statement of Unity” outlining its vision for higher education and calling on presidential candidate Kamala Harris, and all
Unionization in Higher Education on the Rise – and Proskauer is Actively in the Thick of It
A recent report from the National Center for the Study of Collective Bargaining in Higher Education and the Professions underscores the dramatic increase in unionization across higher education—particularly in the private sector—among tenure- and non-tenure track faculty, postdoctoral and academic researchers, graduate student workers, and undergraduate student workers. The report
The Show Can’t Go On: NLRB Denies Union Request for Review of Decision Finding Brown University MFA Students are Not Employees
In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s (“RD”) decision finding that graduate students seeking a Masters of Fine Arts (“MFA”) degree
NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws
Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions to provide information to a union concerning student workers where the requested information may implicate the Family Educational
Undergraduate Bargaining Units Are Here to Stay—and 20,000 Members Stronger
A growing trend of union organizing among undergraduate student workers reached a crescendo last week when a unit of 20,000 student assistants at California State University voted in favor of unionization.
California State University Employees Union Election
Student assistants across California State University’s 23 campuses have unequivocally voted to form
On Deck: Supreme Court To Review An Important Labor Case Concerning The Legal Standard For Injunctive Relief In Traditional Labor Matters
On January 12, 2024, the U.S. Supreme Court announced that it will hear a challenge in a key case involving the ease with which the National Labor Relations Board (NLRB) may successfully petition a district court for injunctive relief in unfair labor practice (ULP) cases.
The outcome of this case
Launching into New Territory: SpaceX Claims NLRB Unconstitutionally Structured
Shortly after the New Year, on January 4, 2024, Space Exploration Technologies Corp.—or “SpaceX”—filed a complaint in the District Court for the Southern District of Texas alleging that an administrative complaint filed by the NLRB against the company is illegal because the NLRB is unconstitutionally structured and the new expanded