On April 14, 2014, the National Labor Relations Board issued an order in Fallbrook Hospital, 360 NLRB No. 73 (2014), modifying the remedy for an employer’s bad-faith bargaining conduct.
The decision of the Regional Director of Region 13 of the National Labor Relations Board (“NLRB”) that scholarship football players at Northwestern University are “employees” under the National Labor Relations Act (“NLRA”) has created an interesting question for all colleges and universities.
The NLRB is now 0 for 2 in the Fifth Circuit Court of Appeals. In a victory for employers, the Fifth Circuit recently refused to rehear (pdf) its December 2013 decision rejecting an NLRB ruling that questioned the wide-spread practice of having employees sign arbitration agreements that bar class or collective actions.
Employee policies remain a hot topic with the National Labor Relations Board, especially for non-unionized facilities.
Percolating for the last couple of years has been the question of whether a “savings clause” or a “disclaimer” in an employee handbook or policy manual would be sufficient to protect policies in the handbook from attack under the NLRA.
In previous posts about possible unionization by Northwestern University’s scholarship football players, I likened the National Labor Relations Board (“NLRB”) to referees who had committed a false start penalty and showed how the union’s game wasn’t just against Northwestern.
Northwestern University has released a statement emphasizing that the Regional Director ignored key evidence in ruling that football players at the University were employees subject to the jurisdiction of the National Labor Relations Act (NLRA).
For 2 days, the National Labor Relations Board (NLRB) heard from speakers on its proposed rules to accelerate the processing of union representation petitions and quicken the timing of elections.
The National Labor Relations Board continues its full-frontal attack on reasonable rules of conduct promulgated by employers in two recent cases issued at the beginning of April.
Earlier this year, the NLRB’s General Counsel (“GC”), who is responsible for enforcing the NLRA, continued the annual practice of attending the Mid-Winter Meeting of the Practice and Procedure Committee of the ABA Labor and Employment Law section.