Undergraduate resident advisors usually wield a lot of power over university residence halls and those who occupy them. You likely know this already if you were ever a college freshman living in the dorms and received a write-up or warning
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The NLRB Returns to BFI
By a brief Order announced on February 26, 2018, the NLRB overturned its precedent on joint employer for the second time in a span of almost two months. Specifically, the Board vacated the decision Hy-Brand Contractors Ltd., 365 NLRB No.
Strike and You’re Out…of the Country
Sometimes, using only one word can make all the difference between a lawful and unlawful statement. Washington University in Saint Louis learned this lesson the hard way when in late October 2017 Associate General Counsel for the NLRB’s Division of
Columbia University: Employee or Not Employee – That is the Question?
Graduate students at most private universities have been allowed to unionize since the 2016 decision of the NLRB in Columbia University. This decision was controversial because the employee status of graduate students has flip-flopped over time, depending on whether members
“Better Late than Never” Does Not Apply When Conducting a Union Election
On February 2, 2018, a split three-member Board panel held that a prior election won by a union must be vacated and, accordingly, ordered a second election as it found merit to the employer’s objection arguing that the tardiness of
Second Times the Charm? The NLRB Permitted Another Chance to Analyze Restaurant’s Work Rules
On January 29, 2018, the DC Circuit remanded a 2016 NLRB decision – Grill Concepts Servs., Inc., 364 NLRB No. 36 (2016) – back to the Board for reconsideration of several employee handbook violations found unlawful under the now-replaced Lutheran Heritage standard
Farewell to Micro-Units
In PCC Structurals, Inc., the NLRB overruled its 2011 Specialty Healthcare decision, which allowed for unions to organize employees in so-called “micro-units.” Now, the Board has returned to its traditional, multi-factor “community of interest” test.
The term “micro-unit” refers
Employers Rejoice: The Board Will Soon Have a Republican Majority Again
On January 12, 2018, President Trump nominated Morgan Lewis & Bockius partner John Ring to fill the last vacancy on the five-member Board and, if confirmed by the Senate, this will once again give Republicans a 3-2 majority on the
Return to the Pre-BFI Joint Employer Standard and Moving Forward
Hy-Brand Industrial Contractors – the recent Board case overturning Browning Ferris Industries and restoring the previous joint employer standard – was perhaps the most important decision among the many decided prior to former Board Chairman Miscimarra stepping down in late 2017; but the
Trump NLRB Gives Employers a Little More Leeway in Maintaining Work Rules
The National Labor Relations Board has ruled that an employer does not necessarily violate the National Labor Relations Act by maintaining a facially neutral work rule, policy or handbook provision that could be reasonably construed to interfere with union or