Bush Board Overrules M.B. Sturgis Rule Regarding Bargaining Units That Include Leased Employees
John Albert Lambremont and Andrew P. Marks of Littler Mendelson, P.C.
Temporary agency employees will no longer be included as part of a user employer's regular bargaining unit without both employers' consent.
Who Counts as a Supervisor Under Current Labor Law?
David B. Kern of Quarles & Brady LLP
More of your employees may be supervisors than you might think and they may be supervisors in ways which might surprise you.
NLRB Says Contingent Workers Can Be In User Employer's Bargaining Unit: Temp Agency May Have to Bargain Jointly with Union Representing Its Client's Employees
Mark Goldner of Buchanan Ingersoll & Rooney PC
Flip-flopping once again, the National Labor Relations Board (Board) has reversed its precedent and decided that j.
Rules on Withdrawing Recognition from Unions Clarified
Barry R. Elson of Kittredge, Donley, Elson, Fullem & Embick, L.L.P.
The federal appellate court with jurisdiction in Pennsylvania recently affirmed a National Labor Relations Board.
An Unnecessary Burden: How the NLRB's "Decisional Bargaining" Doctrine Has Ignored Section 8(d)
John M. Capron of Fisher & Phillips LLP
The National Labor Relations Board's decisional bargaining doctrine, as it has evolved over the years, requires employers to bargain over the decision to transfer work out of the bargaining unit-such as through subcontracting or assigning the work to other plants-if it is theoretically possible that the union could make concessions sufficient to offset the economic benefits of the transfer. In applying this doctrine to employers who transfer work during the term of a collective bargaining agreement, the NLRB contravenes the plain language of Section 8(d) of the National Labor Relations Act (NLRA) by requiring employers to afford unions the opportunity to offer concessions, even where the necessary concessions could only be made by modifying provisions in a current collective bargaining agreement.
Are Workplace Legislation and Judicial Protectionism Towards Employees Nudging Unions Towards Extinction -- Are Congress and the Courts Setting the Floor or Dropping the Bottom Out of Union Representa
Barry R. Elson of Kittredge, Donley, Elson, Fullem & Embick, L.L.P.
For approximately thirty years, federal and state legislatures, as well as the judiciary, have.
Locke v. Karass: Should the Court Overrule Lehnert's Test For Determining Whether Union Expenditures Are Related to Collective Bargaining?
Phineas E. Leahey of The Federalist Society
In the fall 2008 term, the U.S. Supreme Court will hear argument in Locke v. Karass, a case of more potential significance than suggested by the narrow question presented: whether, consistent with the First Amendment, the State may compel non-member employees to fund litigation by the affiliate of a union certified as their exclusive bargaining agent.
U.S. Supreme Court Rules That Nurses Can Be Considered Supervisors
Daniel R. Wachtler of Briggs & Morgan
The Supreme Court recently held, in an important decision for the health care industry, that Licensed Practical N.
Employers Can Require Separate Bargaining Units for Staffing Agency Employees
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
The National Labor Relations Board (NLRB or Board), the federal administrative agency that oversees the National Labor Relations Act (NLRA), has once again reversed its position on a critical bargaining issue. Several years ago, the Board held that staffing agency employees who shared essential working conditions with the client-employer's regular employees could be included in the same bargaining unit, without either the client-employer's or staffing agency's consent.
Unions Cheer as NLRB Overrules Four Representation Case Precedents
Nixon Peabody LLP
This article reviews four NLRB decisions that overruled long-standing case precedents.
Developer Liability: Some Preventive Medicine
The recent proliferation of large jury verdicts and settlements obtained by plaintiffs in construction defect cases.
Unpaid Staff Are Not Employees Under the NLRA
Nixon Peabody LLP
This article reviews a decision by the National Labor Relations Board that held unpaid staff are not considered employees under the National Labor Relations Act.
NLRB Reverses Course On Outside Temps, Again
David B. Kern of Quarles & Brady LLP
In the past four years, the National Labor Relations Board ("NLRB"), the federal agency charged with interpreting and enforcing federal laws regarding collective bargaining, has dealt several times with the issue of the status of outside temporary employees, and whether they can be grouped with a user employer's regular workforce for purposes of collective bargaining.