Vorys on Labor

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NLRB Proposed Rule States Graduate Students Are Not Employees

By Nelson Cary & Emily Papania on September 23, 2019

Last week, by a 3-1 vote, the NLRB approved a proposed rule that would classify graduate students, who conduct paid teaching and research, as students rather than “employees” under federal labor law. This rule would divest graduate students of their right to unionize and would end a recent wave of graduate student unionization efforts at private universities across the country. NLRB Chairman John Ring (R) stated that the purpose of the rulemaking was “to obtain…

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In Stark Reversal of Precedent, NLRB Finally Adopts “Contract Coverage” Standard for Employer Unilateral Changes

By Nelson Cary & Thomas Loeb on September 11, 2019

business-woman-and-business-man-shaking-hands-with-a-contract-picture-id1020863514 (2)

Yesterday, in a stark reversal of its precedent, the NLRB discarded the “clear and unmistakable waiver” standard. Its replacement? An employer-friendly “contract coverage” standard to determine whether a unionized employer has improperly changed a policy or practice regarding a mandatory bargaining subject. In MV Transportation, Inc., 368 N.L.R.B. No. 66 (2019), the NLRB upheld an employer’s unilateral changes to its policies on a number of issues. These included changes to policies addressing light duty work…

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Some Guidance for Employers on Drafting Lawful Conduct Rules

By Nelson Cary on August 29, 2019

Earlier this month, the NLRB’s Division of Advice (“Advice”) released a memorandum that opined on a variety of CVS Health’s (the “Company’s”) policies. It considered whether those policies were “unlawfully overbroad” as they related to employees’ Section 7 rights under the NLRA. It found that some were, but most were not. The advice memorandum is a good read for labor professionals. It provides examples of permissible employer regulations on employee conduct, including social media policies…

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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…

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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…

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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…

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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,…

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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 on Labor

Ohio Federal Lawsuit Challenges Union Members’ Rights to Resign From Union

By Tom Crookes on May 10, 2019

On April 29th, the latest test of the Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018) decision was filed. Janus made it unconstitutional to require public sector employees to become union members and pay union dues as a condition of employment and effectively eliminated union “fair share” fees. In this latest challenge, three employees of Kent State University sued the Council 8 AFSCME, Kent State University, and University Trustees challenging the restrictions the…

Vorys on Labor

Insights for the Labor Relations Professional

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NLRB Proposed Rule States Graduate Students Are Not Employees

In Stark Reversal of Precedent, NLRB Finally Adopts “Contract Coverage” Standard for Employer Unilateral Changes

Some Guidance for Employers on Drafting Lawful Conduct Rules

NLRB Issues Notice of Proposed Rulemaking Amending Election Procedures

Chairman John Ring: The NLRB in 2019

The NLRB Expands Employer Authority over its Publicly Accessible Spaces

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

Ohio Federal Lawsuit Challenges Union Members’ Rights to Resign From Union

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