Adjunct Instructors
Given past restrictions by rulings from the Supreme Court and the NLRB, union organizing in higher education simply has not been very effective. One of the primary hurdles for most unions in the education arena has been the managerial status of full-time faculty, which would exempt them from coverage under the National Labor…
Well once again the NLRB is attempting to change the rules of the game when it comes to union organizing. They recently announced new regulations in the election process which is already subject to litigation in the courts through various employer associations. The current administration, with assistance from the various trade unions, has stated over…
I understand the need to “push the envelope” when you sit in the position of being a prosecutor, as does the General Counsel for the NLRB, but the Board itself does not sit in that role. Nor should it ignore the legal directions of the Supreme Court, and other courts of this land, which have…
Before the advent of the digital age, when there was an organizing campaign afoot, most employers would be told by their legal counsel to put their rolodex under lock and key, and to review their standard no solicitation/no distribution policies in an effort to slow down organizing attempts in their workplace. Obviously much of this…
The recent decision of the General Counsel of the NLRB to expand ULP liability to McDonalds, under a joint employer theory, should not come as a surprise to anyone. As some may recall, the NLRB recently requested briefing on the issue of joint employer status in the organizing context as previously noted by this blog…
After reviewing the most recent decisions by the NLRB with respect to the retail industry and the application of Specialty Healthcare to that industry, all I can say is – thank you Harry. Specialty Healthcare reversed many long standing principles of what is an appropriate bargaining unit. Fundamentally, the decision should turn on what is…
Earlier this week the National Labor Relations Board issued a decision finding Starbucks violated the National Labor Relations Act when it terminated an employee who uttered profanities at a Starbucks manager in the presence of customers. This was the employee’s second profanity (and presumably espresso) fueled tirade directed toward a Starbucks manager at the Manhattan…
On May 12th the NLRB issued a Notice And Invitation To File Briefs regarding a potential modification to the Board’s current joint employer standard as articulated in TLI, Inc., 271 NLRB 798 (1984), that, by itself, raises concerns regarding an expansion of such issues in the labor area, but one issue in particular. …
On May 1st the NLRB issued, through its Office of Public Affairs, notice that it was inviting briefs on employees use of electronic communication systems, i.e., e-mail, in light of the recent decision by the Administrative Law Judge in Purple Communications, Inc. in which the ALJ dismissed allegations that the employer violated the NLRA…
