New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Union Organizing

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NLRB Holds That Unions Can Organize Temp/Contract Workers Together With Host Employer’s Workers

Posted in National Labor Relations Board, Union Organizing
Temporary, contracted-for, or leased employees who are employed by a “supplier,” but are assigned to work at another employer’s premises, currently comprise as much as 5% of American workers, and are among the fastest growing sectors.  Noting this trend, the National Labor Relations Board, in its Miller & Anderson, Inc. decision this week, announced a new standard that… Continue Reading

NLRB’s “Quickie” Election Rule Upheld

Posted in National Labor Relations Board, Union Organizing
Last month, the United States Court of Appeals for the Fifth Circuit affirmed the lower court’s decision upholding the National Labor Relations Board’s “quickie” election rule.  As we previously reported, the final rule, among other things, significantly reduces the time period between the filing of an election petition to the date of the election, narrows… Continue Reading

The NLRB Unanimously Shuts Down Attempt to Unionize Northwestern’s Scholarship Football Players

Posted in National Labor Relations Board, Union Organizing
In a long-awaited decision issued on August 17, 2015, the five-member National Labor Relations Board (“Board”) unanimously shut down an attempt by Northwestern University’s scholarship football players to become the first group of college athletes to form a labor union.  This Board holding vacates the direction of election issued by an NLRB Regional Director in March… Continue Reading

NLRB General Counsel Issues Memorandum on Changes in Representation Case Procedures

Posted in National Labor Relations Board, Union Organizing
On April 6, the National Labor Relations Board (“NLRB”) General Counsel issued a guidance memorandum to explain the changes in the procedures for processing union representation petitions under the NLRB’s final rule on “quickie” elections that was adopted on December 15, 2014.  Although a resolution was passed by Congress to block the NLRB from implementing the quickie election… Continue Reading

Two Bond Webinars Scheduled Regarding Recent NLRB Developments

Posted in National Labor Relations Board, Union Organizing
Recent activity by the National Labor Relations Board has significantly changed the landscape of union organizing campaigns and representation elections.  Attorneys from Bond, Schoeneck & King’s Labor and Employment Department will conduct two free webinars this week to explain these recent developments and their impact on employers.  Each webinar is scheduled for 45 minutes. Ray… Continue Reading

NLRB Issues Final Rule on “Quickie” Elections

Posted in National Labor Relations Board, Union Organizing
On December 15, the National Labor Relations Board’s final rule amending the current procedures for handling union representation elections (which has become known as the “quickie” or “ambush” election rule) was published in the Federal Register.  The final rule will become effective on April 14, 2015. Although Board Chairperson Mark Pearce hailed the new representation election procedures… Continue Reading

NLRB Overrules 2007 Decision and Holds That Employees Have a Right to Use Their Employer’s E-Mail System for Union Organizing

Posted in Labor Relations, National Labor Relations Board, Union Organizing
On December 11, 2014, the National Labor Relations Board (“Board”) issued a 3-2 decision (with Board Members Philip Miscimarra and Harry Johnson dissenting) in Purple Communications, Inc., holding that employees have a presumptive right to use their employer’s e-mail system during non-working time to communicate regarding union organizing and to engage in other protected concerted… Continue Reading

NLRB Asserts Jurisdiction Over a Charter School in New York

Posted in National Labor Relations Board, Union Organizing
For the first time in New York State, a Regional Director for the National Labor Relations Board (“NLRB”) has asserted NLRB jurisdiction over a New York charter school, and ordered an election for a unit of approximately 35 teachers at the school.  The decision, Hyde Leadership Charter School Brooklyn, Case No. 29-RM-126444, preempts the New York… Continue Reading

NLRB Regional Director Finds College Football Players Qualify as Employees and Can Unionize

Posted in Labor Relations, National Labor Relations Board, Union Organizing
In a stunning and potential landmark decision, a Regional Director of the National Labor Relations Board has found that football players receiving grant-in-aid scholarships from Northwestern University (the “University”) are “employees” under the National Labor Relations Act.  In his decision released Wednesday afternoon, the Regional Director determined that “players receiving scholarships to perform football-related services for… Continue Reading

National Labor Relations Board Reissues Proposed Rule on “Quickie” Elections

Posted in National Labor Relations Board, Union Organizing
The National Labor Relations Board (“Board”) reissued a proposed rule today that would significantly shorten the timetable for union representation elections.  This same proposed rule (which has become known as the “quickie” or “ambush” election rule) was initially issued by the Board on June 22, 2011.  After the proposed rule was met with strong opposition from employer… Continue Reading

U.S. District Court Invalidates “Quickie” Election Rule

Posted in Labor Relations, National Labor Relations Board, Union Organizing
On May 14, 2012, a federal district court judge invalidated new regulations intended to streamline union representation elections, finding that the National Labor Relations Board lacked a proper three-member quorum when it voted on the controversial final rule in December of 2011.  The final rule, which has commonly been referred to as the "ambush" or… Continue Reading

D.C. Circuit Court of Appeals Grants Injunction Precluding Implementation of NLRB Notice Posting Rule

Posted in Labor Relations, National Labor Relations Board, Union Organizing
The U.S. Court of Appeals for the D.C. Circuit issued an Order today granting an injunction precluding the National Labor Relations Board from implementing its notice posting rule, pending appeal of a lower court decision upholding the validity of the rule.  The notice posting rule was scheduled to go into effect on April 30, 2012, but… Continue Reading

U.S. District Court for the District of South Carolina Holds That NLRB Notice Posting Rule Is Invalid

Posted in Labor Relations, National Labor Relations Board, Union Organizing
On April 13, 2012, the U.S. District Court for the District of South Carolina held that the National Labor Relations Board’s rule requiring private sector employers to post a notice of employee rights under the National Labor Relations Act is invalid, because the NLRB did not have the authority under the NLRA to promulgate the rule.  There… Continue Reading

U.S. District Court Denies Request for Stay of NLRB Posting Requirement Pending Appeal

Posted in Labor Relations, National Labor Relations Board, Union Organizing
On March 7, 2012, the U.S. District Court for the District of Columbia denied a request made by the National Association of Manufacturers and other business groups to prohibit the NLRB from enforcing its rule requiring employers to post a notice of employee rights under the National Labor Relations Act, pending their appeal of the… Continue Reading

U.S. District Court Upholds NLRB’s Notice Posting Rule, But Holds Certain Enforcement Provisions To Be Invalid

Posted in Labor Relations, National Labor Relations Board, Union Organizing
On March 2, 2012, the U.S. District Court for the District of Columbia issued a decision in the lawsuit filed by the National Association of Manufacturers ("NAM") and the National Right to Work Legal Defense and Education Fund ("NRTW") challenging the notice posting rule promulgated by the National Labor Relations Board ("NLRB").  The Court held that the… Continue Reading

NLRB’s Acting General Counsel Issues Second Report on Social Media Cases

Posted in Labor Relations, National Labor Relations Board, Union Organizing
Last month, the Acting General Counsel for the National Labor Relations Board ("NLRB") issued a second report on 14 social media cases recently reviewed by his office.  Although the report does not have the force of law, the report offers some insight into the NLRB’s ongoing efforts to reconcile decades of federal labor law on… Continue Reading

Business Groups and NLRB File Motions for Summary Judgment in Lawsuit Challenging Amendments to Representation Election Procedures

Posted in Labor Relations, National Labor Relations Board, Union Organizing
The U.S. Chamber of Commerce and the Coalition for a Democratic Workplace filed a motion for summary judgment on February 3 in their court challenge to the National Labor Relations Board’s final rule amending the procedures applicable to representation elections.  In their motion for summary judgment, the business groups requested that the United States District Court for the… Continue Reading

NLRB Postpones Effective Date of Notice-Posting Requirement

Posted in National Labor Relations Board, Union Organizing
The National Labor Relations Board ("Board") announced today that it has agreed to postpone the effective date of its rule requiring employers to post a notice of employee rights under the National Labor Relations Act until April 30, 2012.  This is the second postponement of the effective date of this rule, which was initially scheduled… Continue Reading

NLRB Adopts Final Rule Amending Representation Election Procedures

Posted in National Labor Relations Board, Union Organizing
As anticipated, the National Labor Relations Board ("Board") adopted a final rule amending the procedures applicable to union representation elections, just before losing its quorum when Member Becker’s recess appointment expires at the end of this year.  Members Pearce and Becker approved the final rule without the endorsement of Member Hayes.  The final rule will be published in… Continue Reading

NLRB Acting General Counsel Continues Focus on Expanding Remedies

Posted in National Labor Relations Board, Union Organizing
The NLRB's Office of General Counsel recently emphasized to Regional Directors the need to seek stronger remedies in unfair labor practice cases related to union organizing. The General Counsel's emphasis underscores the continued importance of training supervisors and managers to avoid committing unfair labor practices during an organizing campaign.… Continue Reading