BIG MAC ATTACK: NLRB General Counsel Argues Franchisees and McDonald’s Are Joint Employers

By | Management Memo | July 30, 2014

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.

Employer Wins in Bergdorf Goodman, but Specialty Healthcare Still Alive and Well

By | Labor Relations Today | July 29, 2014

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.

Top 10 NLRB Issues to Monitor the Rest of the Year

By | Labor Relations Today | July 25, 2014

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.