Both Northwestern University and the College Athletes Players Association (CAPA) filed reply briefs with the National Labor Relations Board (NLRB) yesterday to further strengthen their respective positions regarding whether Northwestern’s football players should be able to form a labor union.
On the heels of the much anticipated decision involving the Macy’s department store chain, discussed on this blog last week, the NLRB on Monday released its opinion in a similar case involving Neiman Marcus.
In a long-awaited decision, the National Labor Relations Board (NLRB) unanimously held that women’s shoe sales associates from two different departments within Bergdorf Goodman’s New York store could not be combined into a single micro-bargaining unit.
NLRB General Counsel Richard Griffin announced on Tuesday July 29th that he has authorized issuance of Unfair Labor Practice Complaints based on 43 of 181 charges pending against McDonald’s, USA, LLC and various of its franchisees, in which the Board will allege that the company and its franchisees are joint-employers.
Today the NLRB Office of General Counsel authorized complaints against McDonald’s franchisees and determined that McDonald’s USA, LLC, the franchisor, is a “joint employer” of the employees of franchisees.
NLRB General Counsel to Pursue Complaints Against McDonald’s and Franchisees As Alleged Joint Employers
The National Labor Relations Board Office of the General Counsel announced this afternoon that it has authorized complaints on 43 unfair labor practice charges filed against McDonald’s franchisees and their franchisor, McDonald’s, USA, LLC.
On July 28, 2014, the National Labor Relations Board issued its long-awaited decision in Bergdorf Goodman, 361 NLRB No. 11 (2014), unanimously finding inappropriate the petitioned-for unit of “all women’s shoe sales associates” at the employer’s retail store on Fifth Avenue–even under the controversial test articulated in Specialty Healthcare.
NLRB Drops Next Shoe On Micro-Units in Retail: Finds Bergdorf Goodman Women’s Shoe Sales Employees Not an Appropriate Unit
The NLRB finds that the women’s shoe sales employees at Bergdorf Goodman’s New York Store are not an appropriate unit for bargaining.
1. Aftermath of Noel Canning
The Supreme Court determined in late June of this year that President Obama’s purported recess appointments to the National Labor Relations Board were unconstitutional. Hundreds, or potentially even thousands, of Board decisions issued by the improperly-constituted Board could be affected by the Court’s ruling. Administrative actions taken by the Board and the former Acting General Counsel, Lafe Solomon, could also be affected by the decision. Interestingly, Member Craig Becker, whose term in office was also effectuated via recess appointment, was deemed to be properly-appointed in a recent decision by an Administrative Law Judge, so presumably cases issued during his tenure are unaffected.
Earlier this week, in a 3-1 decision in Macy’s Inc., the NLRB applied its controversial Specialty Healthcare decision in holding that an appropriate bargaining unit consists of employees in the cosmetics and fragrances department at a Boston-area Macy’s store, one of 11 store departments, and excludes all other sales employees at the store.