In a recent guidance memorandum, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board, has announced her intention to consider college athletes as employees under federal labor law. The implications of this memo are far-ranging and include
Management & Labor Report
The Management & Labor Report, published by Fox Rothschild LLP, focuses on developments in labor and employment law, particularly issues related to union activities, National Labor Relations Board (NLRB) decisions, and collective bargaining. It covers topics such as union organizing efforts, labor board appointments and their impact on labor policy, legal challenges involving employee status and unionization in various sectors including higher education and manufacturing, and significant court rulings affecting labor relations. The blog also addresses employer strategies in response to labor disputes, evolving interpretations of labor laws, and regulatory priorities impacting non-compete agreements and employee rights under the National Labor Relations Act.
Latest from Management & Labor Report - Page 3
Supreme Court Blocks Union Access to California Farms
The Supreme Court ruled on Wednesday that a California regulation permitting labor organizations a “right to take access” to an agricultural employer’s property to solicit support for unionization violated the constitutional rights of those employers.
The case, Cedar Points Nursery et…
PRO Act: Congress Considers Fundamental Changes to Federal Labor Law
Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide.
The Protecting the Right to Organize Act (the PRO Act) would essentially…
WATCH THE PENDULUM SWING – NLRB’S ACTING GC ROLLS BACK PREDECESSOR’S GUIDANCE MEMORANDA
NLRB Acting General Counsel Peter Ohr is moving swiftly to put his stamp on national labor policy. Last week, my partner Andrew MacDonald blogged about Ohr’s withdrawal of a complaint that had challenged the use of a neutrality agreement by…
Acting NLRB GC Withdraws Neutrality Agreement Complaint
In his first few days on the job, Acting General Counsel of the NLRB Peter Sung Ohr has withdrawn a complaint that had challenged the use of a neutrality agreement by an employer and union. This early move by the Acting…
Radical Change at the NLRB – Employers Beware
In an unprecedented action that delighted organized labor but sounded alarm bells for employers, in one of his first acts, President Biden fired the General Counsel and Deputy General Counsel of the National Labor Relations Board. On January 25, the…
Are Union Neutrality Agreements Unlawful?
The NLRB’s General Counsel recently issued a memo that demonstrates his hostility toward neutrality agreements. Generally, neutrality agreements contain a promise from an employer that it will remain neutral in a union organizing campaign. These agreements often contain other provisions,…
Notice Posting Requirements Are – and Remain – Postponed Due to the Coronavirus Pandemic
In an early May 2020 decision, the Board declared a temporary pause in charged parties (usually an employer) complying with the NLRB’s standard notice posting remedy in response to the ongoing COVID-19 public health crisis. Thereafter, on May 20,…
New NLRB Case Investigation Guidelines Change How Regions Will Handle Particular Evidence and Witness Testimony
On June 17, 2020, National Labor Relations Board General Counsel Peter Robb issued GC Memo 20-08 (“Memo”), providing Regional offices new directives for taking certain witness testimony and accepting audio/video recording evidence in unfair labor practice (“ULP”) investigations.
First, the…