On December 15, 2022, the Regional Director of the Los Angeles Region of the National Labor Relations Board (“NLRB” or “Board”) found “merit” in the unfair labor practice charges filed by football and men’s and women’s basketball players against the University of Southern California (“USC”), the Pac-12 Conference, and the
Regional Director
No “Finite Fellows” in the Bargaining Unit – the Board Weighs in on Temporary Workers
When it comes to fellowship—and collective bargaining—it looks like “fellows” aren’t treated the same as their permanent status co-workers. In Phoenix News Times, LLC and The Newsguild–CWA, 370 NLRB No. 84 (Feb. 10, 2021), the National Labor Relations Board (the “Board” or “NLRB”) found that workers employed at a…
A Bias against Neutrality Agreements: NLRB Regional Director Issues Complaint against Hotel for Supporting Organizing Union
On November 30, 2020, the NLRB Regional Director issued a Complaint against the Yotel Boston hotel and Unite Here Local 26, alleging the Hotel unlawfully recognized and provided improper assistance to the Union.
The Hotel and the Union were parties to a neutrality agreement. As is common in such agreements,…
D.C. Circuit Remands Hotel Certification Decision and Reminds Board to Explain Its Reasoning
On October 23, 2020, the D.C. Circuit granted Davidson Hotel Company’s petition for review of unfair labor practices resulting from its refusal to bargain with two newly-certified bargaining units, and denied the NLRB’s cross-petition for enforcement of an order to engage in collective bargaining with those units.
The Circuit also…
No Reasonable Expectation of Recall? No Election: Board Cancels Union Election at Casino Closed During COVID-19
The National Labor Relations Board recently cancelled a union election at a Las Vegas casino that suspended its operations and laid off employees amid the COVID-19 pandemic. In NP Texas LLC d/b/a Texas Station Gambling Hall and Hotel and Local Joint Executive Board of Las Vegas, 370 NLRB No.…
NLRB: Hearings in Representation Cases with Witnesses Must Be Conducted By Videoconference during COVID-19 Pandemic
As most of the country’s workforce continues to adjust to the new realities of social distancing, stay-at-home orders, and limited travel, the practice of law and the forums for adjudicating disputes have shifted to video and telephonic hearings to ensure that the wheels of justice continue to turn notwithstanding COVID-19. …
BREAKING: NLRB Announces Representation Elections Will Resume April 6, 2020
On March 19, 2020, the NLRB announced that it was suspending all representation elections through April 3, 2020. The Board stated that the suspension was necessary to ensure the safety of its own employees, as well as those members of the public involved in the elections.
Today, the Board announced…
NLRB Suspends Representation Elections through April 3, 2020 due to COVID-19 Pandemic
The NLRB announced today in a press release that “[d]ue to the extraordinary circumstances related to the COVID-19 pandemic,” all representation elections, including mail ballot elections, will be suspended for the next two weeks, through and including April 3, 2020. This means that any representation elections previously scheduled from…