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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...

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