For thirty-two years, it has been a settled proposition that an employer may, upon the expiration of a contract, refuse to continue to negotiate with a “mixed-guard” union that represents its security guards. Continuing its long path of upsetting established precedent, on June 9, 2016, the National Labor Relations Board
Hail Mary: NLRB Regional Director Holds College Football Players are Employees
On March 26, 2014, Peter Sung Ohr, the Chicago Regional Director of the National Labor Relations Board (“NLRB”) ruled that members of the Northwestern University football team receiving athletic scholarships are employees, and not students, under the National Labor Relations Act, allowing them the opportunity to unionize through an NLRB
Sixth Circuit Upholds Board’s Decision in Specialty Healthcare
In the first judicial challenge to the NLRB’s Specialty Healthcare decision, the U.S. Court of Appeals for the Sixth Circuit has upheld the Board.
In Specialty Healthcare the Board held that it will find a petitioned for unit appropriate where the unit is made up of (i) an identifiable group
Micro Union Case Hits Federal Court Of Appeals
One of the NLRB’s most sweeping decisions in decades, Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (August 26, 2011).pdf, has reached a federal appeals court, as the employer seeks to have the decision overturned. As we have previously discussed, the Board in this case established
Employer Meetings, Election Site The Next Targets Of NLRB?
It’s been a quiet few weeks for the NLRB. Since January 1, the NLRB has issued only a small number of decisions, none of which appear to be noteworthy. There are, of course, many developments that are in process. For example, we still do not know the full effect of
NLRB: When We Say It Must Be “Overwhelming” We Mean The Other Overwhelming
As 2011 came to a close, no one was certain whether the NLRB would continue to function into 2012 as Member Becker’s recess appointment came to an end, leaving only two Members. In those waning days, the NLRB issued a remarkable decision in DTG Operations, Inc., 357 NLRB No. 175
NLRB Reveals More Details To Proposed Election Rule Changes
As we reported earlier, the NLRB announced it was ready to vote on some proposed amendments to the rules concerning representation elections. There was no indication in the original announcement of about the substance of the changes.
On November 29, 2011, NLRB Chairman Mark Pierce disclosed more information in
Briefs filed in NLRB’s Specialty Healthcare case
What a difference a few months can make. Last December, in Specialty Healtcare and Rehabilitation of Mobile the NLRB invited interested parties to file briefs to consider a number of questions about whether it should consider adopting a new “one size fits all” rule for bargaining units in nursing homes