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Vorys on Labor

NLRB Issues Notice of Proposed Rulemaking Amending Election Procedures

By Nelson Cary & Lauren Sanders on August 15, 2019

On August 12, 2019, the NLRB published a Notice of Proposed Rulemaking in the Federal Register regarding election procedures that the NLRB majority contends is essential to preserving employees’ right to free choice of representation. The proposed rule contain three changes to current NLRB election regulations: First, it replaces the current blocking charge policy with a vote-and-impound procedure. That is, under the amended regulations, a union election would not be blocked by a pending unfair…

Energy & Environmental Law Blog

Ohio’s 5th Appellate District Addresses the Due Diligence Standard Under the Dormant Mineral Act

By Jay Carr on July 31, 2019

The Fifth Appellate District recently addressed whether an internet search to identify / locate the holders of severed mineral interests is always required under Ohio’s Dormant Mineral Act (“ODMA”). See, Gerrity v. Chervenak, 2019-Ohio-2687. In 1965, Jane Richards obtained title to certain severed mineral interests located in Guernsey County, Ohio (“Gerrity Minerals”). In 1997, Ms. Richards passed away in Florida and devised all of her real estate to Timothy Gerrity. Although Mr. Gerrity became…

Vorys on Labor

Chairman John Ring: The NLRB in 2019

By Lauren Sanders on July 9, 2019

On June 27, 2019, NLRB Chairman John Ring spoke at the 36th Carl A. Warns, Jr. and Edwin R. Render Labor and Employment Law Institute in Louisville, Kentucky. Chairman Ring (R), a former management attorney who previously worked for the Teamsters before graduating from law school, was confirmed by the Senate in April 2018. Chairman Ring sought to explain his vision for the NLRB and to give the audience a glimpse of what to…

Vorys on Labor

The NLRB Expands Employer Authority over its Publicly Accessible Spaces

By Nelson Cary & Thomas Loeb on July 3, 2019

In a win for employers’ private property rights, the NLRB last month gave employers greater rights to control how their property is used, including what occurs on publicly accessible spaces within that property, like a cafeteria. In UPMC Presbyterian Hospital, 368 N.L.R.B. No. 2 (2019), the NLRB held that “an employer may prohibit nonemployee union representatives from engaging in promotional activity, including solicitation or distribution in its public cafeteria so long as it applies the…

Energy & Environmental Law Blog

USEPA Proposes to Redesignate Columbus Area in Attainment of 2015 Ozone NAAQS

By Ryan Elliott on July 3, 2019

On July 3, 2019, USEPA issued a proposed rule finding the Columbus, Ohio area is attaining the 2015 ozone National Ambient Air Quality Standard (NAAQS). The Columbus area is currently designated as nonattainment for the 2015 ozone NAAQS. However, in response to Ohio EPA’s request for redesignation to attainment supported by monitoring data for 2016-2018, USEPA determined that the Columbus area has met the requirements for redesignation under the Clean Air Act and is proposing…

Energy & Environmental Law Blog

Ohio EPA Issues Draft Vapor Intrusion Guidance

By Ryan Elliott on June 26, 2019

On June 24, 2019, Ohio EPA issued a draft Vapor Intrusion Sampling and Evaluation Guidance (Guidance). The draft Guidance, which is intended to update the 2010 version of Ohio EPA’s Vapor Intrusion Guidance, is applicable to sites subject to CERCLA, RCRA, and Ohio Voluntary Action (VAP) oversight. Comments on the draft Guidance must be submitted to Ohio EPA by July 15, 2019.…

Energy & Environmental Law Blog

Ohio Court of Appeals Addresses Interplay of Oil and Gas Lease and Statutory Unitization Order

By Ilya Batikov on June 20, 2019

On June 19, 2019, Ohio’s Seventh District Court of Appeals decided a case involving the interplay of a private oil and gas lease and Ohio’s statutory unitization law. See Paczewski v. Antero Resources Corp., 18 MO 0016. When signing an oil and gas lease, the original contracting parties struck a voluntary unitization clause. Unable to secure to an amendment that would have given the producer/successor lessee the contractual authority to form the horizontal drilling unit,…

Vorys on Labor

UAW Defeated at VW for Second Time

By Allen Kinzer on June 15, 2019

By a vote of 833 to 776, the VW workers in Chattanooga again rejected the UAW. The vote was held from June 12 through June 14, and 93% of those VW workers eligible to vote did cast a ballot in the NLRB-supervised election. This UAW defeat follows the UAW’s defeat in 2014. In this 2019 election, the UAW did manage to improve its percentage of “Yes” votes compared to the 2014 election. In 2014,…

Vorys on Labor

NLRB GC Says Uber Drivers are Independent Contractors

By Nelson Cary on June 4, 2019

Last month, the NLRB General Counsel issued an advice memorandum concluding that Uber drivers are independent contractors. The GC applied the recent NLRB decision in Super Shuttle, which clarified the test applied under the NLRA to determine “employee” status. In the process, it overturned an Obama Board precedent that the NLRB majority held was incorrectly decided. As a result of this action, the GC directed that three different ULP charges filed against Uber be…

Vorys on Labor

NLRB Sets UAW Vote at VW for June 12-14

By Allen Kinzer on June 4, 2019

The NLRB has approved a stipulated election agreement between Volkswagen and the UAW for a vote to be held from June 12 through June 14. Close to 1,800 production and maintenance VW employees at the Chattanooga facility will be eligible to vote in the election. Polling times are spread across three days with the vote count beginning after polls close at 8:00 p.m., Friday, June 14. To clear the legal path for this NLRB vote,…

Vorys, Sater, Seymour and Pease LLP

Vorys, Sater, Seymour and Pease LLP Blogs

Blog Authors

NLRB Issues Notice of Proposed Rulemaking Amending Election Procedures

Ohio’s 5th Appellate District Addresses the Due Diligence Standard Under the Dormant Mineral Act

Chairman John Ring: The NLRB in 2019

The NLRB Expands Employer Authority over its Publicly Accessible Spaces

USEPA Proposes to Redesignate Columbus Area in Attainment of 2015 Ozone NAAQS

Ohio EPA Issues Draft Vapor Intrusion Guidance

Ohio Court of Appeals Addresses Interplay of Oil and Gas Lease and Statutory Unitization Order

UAW Defeated at VW for Second Time

NLRB GC Says Uber Drivers are Independent Contractors

NLRB Sets UAW Vote at VW for June 12-14

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