Latest nomination expected to boost NLRB’s new agenda

January 17, 2018 0 COMMENTS

The announcement of President Donald Trump’s nominee for the vacant seat on the National Labor Relations Board (NLRB) is another sign that some controversial prolabor decisions of the Obama-era Board will be revised.

John Ring, a management-side attorney with the Washington, D.C., office of prominent law firm Morgan, Lewis & Bockius LLP, was announced as the nominee on January 12. If confirmed by the Senate, he will take the seat vacated by Philip A. Miscimarra, whose term ended December 16.

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Browning-Ferris reversal calls end to uncertainty on joint employment

December 15, 2017 0 COMMENTS

Employers confused over what constitutes joint employment have seen the confusion largely cleared up, thanks to a National Labor Relations Board (NLRB) decision issued December 14.

The 3-2 decision overrules the Browning-Ferris decision, which broadened what could be considered a joint employment relationship. Under the Browning-Ferris decision, employers that had indirect—even potential—unexercised control over employees of another employer could be considered joint employers. The party-line decision reinstates the old standard that was used for decades before the 2015 Browning-Ferris decision issued by the Obama-era NLRB.

“I think the most important aspect of the case is that it really ends the uncertainty and unpredictability that Browning-Ferris created because the prior decision never really gave anybody a clear understanding of indirect control,” Burton J. Fishman, an attorney with Fortney & Scott, LLC, in Washington, D.C., and a contributor to Federal Employment Law Insider, said of the new ruling.

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Latest NLRB action seen as demise of ‘quickie’ union election rule

December 15, 2017 0 COMMENTS

The National Labor Relations Board’s (NLRB) decision to seek public input on the controversial 2014 rule that sped up the union election process is likely to result in the rescission of the rule, according to an attorney who keeps a close watch on the Board’s actions.

On December 14, the NLRB announced that it would publish a Request for Information (RFI) in the Federal Register asking for public input regarding the election rule. The RFI seeks input on three questions: read more…

More probusiness NLRB on the way as Emanuel wins confirmation

September 25, 2017 0 COMMENTS

by Tammy Binford

As William Emanuel takes a seat on the National Labor Relations Board (NLRB), employers will see the panel going in a more probusiness and less union-friendly direction, Board watchers say, but it will take a while before cases come up to roll back recent decisions.

Emanuel, an attorney representing management in labor and employment matters, won confirmation by the Senate on September 25, giving the panel its first Republican majority in 10 years. Emanuel most recently practiced in the Los Angeles office of large management-side law firm Littler Mendelson.

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Emanuel nomination called chance to ‘rein in’ Obama-era NLRB

June 29, 2017 0 COMMENTS

President Donald Trump’s latest pick for the National Labor Relations Board (NLRB) is another signal that a “reining in” of the panel is on the way, according to attorneys who keep a close watch on the Board.NLRB logo

On June 27, the White House announced that William J. Emanuel, an attorney with the large management-side law firm Littler Mendelson, will be nominated for the remainder of a term expiring on August 27, 2021.

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Columbia University decision latest NLRB victory for unions

August 24, 2016 0 COMMENTS

Colombia university campus groundsThe National Labor Relations Board’s (NLRB) ruling that graduate student assistants at private colleges and universities are entitled to unionize is the latest Board action seen as a boon to union interests.

In a 3-1 decision issued on August 23, the Board ruled that graduate assistants at Columbia University are employees as well as students and may therefore be represented by a union. The ruling overturns the 2004 Brown University decision that determined that students working as teaching and research assistants should be considered students, not employees.

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Obama’s Supreme Court nominee may not be a friend to employers

March 16, 2016 0 COMMENTS

On March 16, President Barack Obama announced his nominee for the U.S. Supreme Court vacancy left by the passing of Justice Antonin Scalia. Obama’s nominee, Judge Merrick Garland, was appointed to the U.S. Court of Appeals for the District of Columbia Circuit in 1997 and has served as chief judge since 2013.

Battle lines over when confirmation hearings will be held were immediately drawn between Obama and Senate Republicans. If the nomination is considered by the Senate before the end of Obama’s second term, employers may be interested in understanding where Garland will likely come out on employment-related issues.

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Time for federal contractors to get ready for new pay transparency rule

September 10, 2015 0 COMMENTS

Federal contractors need to be preparing now for the U.S. Department of Labor’s (DOL) new pay transparency rule, a rule going into effect in January that is likely to present challenges to a number of employers, according to an attorney familiar with its provisions.

“This rule appears to me to be part of the overarching intention of the agency to provide for more defined and broader rights for workers,” Jo Ellen Whitney, an attorney with the Davis Brown Law Firm in Des Moines, Iowa, said after publication of the rule was announced September 10. “Any time we add a section to the law that would broaden coverage or create a new category of discrimination or retaliation, we create employer issues. This is not because employers will violate the law, but because it is uncertain how it will be used to support any potential employee claim.”

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New NLRB standard exposes more employers to union, other pressures

August 27, 2015 0 COMMENTS

The National Labor Relations Board (NLRB) has adopted a new and broader standard of what constitutes joint employment by taking a stand that abandons a long-accepted standard in favor of one the Board claims better reflects “the current economic landscape.”

The new view of joint employment will bring major change not just to employers using staffing agencies but also to employers that operate on a franchise model or use various kinds of contingent workers, according to attorneys closely watching the Board’s actions.

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NLRB dismisses petition to unionize Northwestern football players

August 17, 2015 0 COMMENTS

Just how the dismissal of the petition to unionize some Northwestern University football players will affect other representation issues before the National Labor Relations Board (NLRB) is uncertain, but one issue the Board didn’t touch is whether scholarship football players should be considered employees.

The NLRB announced on August 17 that it had unanimously decided to dismiss the 2014 unionization petition because “asserting jurisdiction would not promote labor stability” because of the nature and structure of the National Collegiate Athletic Association’s (NCAA) Division I Football Bowl Subdivision (FBS).

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