Fifth Circuit Pays Special Deference to NLRB’s Determination that Hotel Management Company Acted with Anti-Union Animus in Outsourcing Housekeeping Department

By Mark M. Trapp on February 23, 2017

A recent decision of the U.S. Court of Appeals for the Fifth Circuit illustrates the potential pitfalls of outsourcing in the face of a union campaign, as well as the steep hurdle employers face in overturning a decision of the National Labor Relations Board (“NLRB”). In Remington Lodging & Hospitality, LLC v. NLRB, the Fifth Circuit enforced an NLRB order holding that a hotel management company’s decision to outsource the hotel’s housekeeping department was…

Management Memo

NLRB Again Deprives Employer of the Benefit of a Bargained-for Management Rights Clause

By Mark M. Trapp on July 13, 2016

The National Labor Relations Board (“NLRB” or “Board”), in its recent decision in Graymont PA, Inc., 364 NLRB No. 37 (June 29, 2016), has fired the latest salvo in its long running dispute with the United States Court of Appeals for the District of Columbia Circuit concerning the issue of what legal standard should be applied when a union claims that an employer has made a unilateral change in terms and conditions of employment during…

Management Memo

Invalid Appointment Did Not Invalidate Union Election, Says Third Circuit

By Mark M. Trapp on April 25, 2016

Two years ago, as we discussed here and here, in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), the U.S. Supreme Court held unconstitutional President Obama’s January 2012 recess appointments of Members Block, Flynn and Griffin to the National Labor Relations Board (“Board” or “NLRB”). The decision cast into doubt the validity of hundreds of NLRB orders and official actions. Recently, in Advanced Disposal Services East Inc. v. NLRB, decided April 21,…

Health Law Advisor

How Big Is Halbig? The Viability of the ACA’s Employer Mandate Hangs in the Balance

By Adam Solander, Mark M. Trapp & Stuart M. Gerson on July 23, 2014

By Adam C. Solander, Kara M. Maciel, Mark M. Trapp, and Stuart M. Gerson Yesterday, the U.S. Court of Appeals for the District of Columbia and the U.S. Court of Appeals for the Fourth Circuit sent shockwaves through the country when they issued conflicting opinions on a key aspect of the ACA. The cases are Halbig v. Burwell, D.C. Cir., No. 14-508 and King v. Burwell, 4th Cir., No. 14-1158. The question at issue…

Mark M. Trapp

Fifth Circuit Pays Special Deference to NLRB’s Determination that Hotel Management Company Acted with Anti-Union Animus in Outsourcing Housekeeping Department

NLRB Again Deprives Employer of the Benefit of a Bargained-for Management Rights Clause

Invalid Appointment Did Not Invalidate Union Election, Says Third Circuit

How Big Is Halbig? The Viability of the ACA’s Employer Mandate Hangs in the Balance

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