Brewing more trouble for workplace drug testing, the National Labor Relations Board has held a New York beer distributor violated the National Labor Relations Act by denying its driver helper, who reported to work with his clothes “reek[ing] of the smell of marijuana” and with “glassy” and “bloodshot” eyes, and was directed to take a drug test immediately despite requesting representation by his union steward, his right to union representation at an “investigatory interview” (the drug test) about his possible substance abuse.
The National Labor Relations Board’s (NLRB) long-anticipated decision in Browning-Ferris Industries, 362 NLRB No.186, will dramatically impact business for companies ranging from leased employee staffing arrangements to franchisor-franchisee models.
Unions no longer will need to gather employees’ signatures on authorization cards before they can file a petition with the National Labor Relations Board (“NLRB” or “Board”) for a representation election.
As you’ve no doubt read, the National Labor Relations Board, refined its test for determining whether two ostensibly separate entities can be viewed as joint-employers.
Several recent National Labor Relations Board (“NLRB” or the “Board”) decisions are likely to give further momentum to ongoing union organizing efforts targeting employers in the technology, media and telecommunications industry.
Maybe so, according to the latest pronouncement of the National Labor Relations Board (NLRB). In Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), the NLRB dramatically expanded their definition of “joint employers,” so that businesses may now be responsible for the terms and conditions of employment of their subcontractors, franchisees and temp agencies.
On Thursday, the National Labor Relations Board (NLRB) issued a decision in the Browning-Ferris Industries case that could have a widespread impact on employers everywhere, including condominium and homeowner associations that contract with businesses such as professional employer organizations…
The NLRB continues to overrule long-standing case law in key areas. Last week, in particular, two major determinations of the NLRB issued which will no doubt be tested before the courts of appeal.
Are You a “joint Employer” with Your Temporary Staff Supplier? the National Labor Relations Board Says “Yes.”
Following a decision last week by the National Labor Relations Board (NLRB), it is likely that all companies that use temporary staff workers will be considered a “joint employer” with the temporary staffing agency if efforts are made by a union to organize the temporary workers.
On August 27, the National Labor Relations Board (NLRB or the Board), in a 3-2 vote along party lines, adopted a new standard for determining whether an employer who uses third party contractors is a “joint employer.” Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015).