Skip to main content

What I've Been Reading This Week: NLRB/Union Edition


This has been a much shorter week in the office coming back from the Thanksgiving break and a couple work trips out of town.  With that being said, I did come across a few articles that I wanted to highlight, in particular what could be expected from a more employer friendly NLRB once Donald Trump assumes office.  Stay tuned on that one.

As always, below are a couple articles that caught my eye this week.


What a More Employer Friendly NLRB Could Look Like Under President Elect Trump

With the election of Donald Trump earlier this month, it is expected he will appoint more employer friendly Board members once he takes office (and once those Board positions open up).   Anthony Glenn at The National Law Review offers a few thoughts on which Board rulings could be revisited, in particular some of the recent Board decisions that have come from the pro-union, President Obama appointed, NLRB.


Browning-Ferris 'Joint Employer' Case Nears Resolution in D.C. Circuit Court of Appeals

The D.C. Circuit Court of Appeals is currently hearing an appeal from Browning-Ferris Industries who have contested the NLRB's decision from August which resulted in a looser interpretation of joint employer liability.  In the case, the NLRB held that joint employer liability could exist if 'indirect control' existed...rather than the prior standard of 'direct and immediate control'.    Over at Law360, Vin Gurrieri notes that Browning-Ferris filed its final brief on the issue earlier this month.  At this point, I would say we are getting closer to a ruling from the Court.  Time will tell if it is appealed to the Supreme Court (and whether the Supreme Court would even hear the case).


Harvard's Union Election Vote Expected to Continue For Another Few Weeks

A couple weeks ago, I pointed readers to a student unionization election that was underway at Harvard University.  After the election occurred, many were eager to see the outcome and expected results to be announced quickly.  Unfortunately, it was announced earlier this week that after many challenges had been made to various ballots, Harvard University officials and union organizers are having to spend additional time working through the challenged ballots before the results can be announced.  In the meantime, we await word on the results of the election...

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations
Post a Comment
Read more