Kaplan's appointment brings the NLRB to a four-of-five-member complement, split 2-2 along party lines. The president's other nominee, William Emanuel, will face a confirmation vote this fall. If he is confirmed, the Board would shift to a Republican majority for the first time since December 2007.
Posts tagged ‘NLRB’
When the new year is ushered in, congressional Republicans and President Trump will have a huge amount of work to do in order to be successful delivering on campaign promises. The Trump administration has been very vocal that they want to repeal and replace the Affordable Care Act (ACA), make changes to corporate tax reform — which will include small business — and individual tax reform, and make significant changes to our immigration laws.
Browning-Ferris Industries has appealed the NLRB’s ruling (known as the BFI case) to the U.S. Court of Appeals for the D.C. Circuit. In BFI, the Board greatly expanded the decades old "joint employer" standard under the National Labor Relations Act. This new standard creates additional liabilities for private-sector employers entering into contracts for services.
On January 13, the NLRB invited the filing of briefs to address the underlying issues that are raised in Columbia University — namely, whether it should revisit its Brown University ruling which states that graduate students are not employees and therefore cannot unionize.
On August 27, the NLRB issued its decision in Browning-Ferris Industries, vastly expanding the standard for determining when two separate entities are considered “joint employers” of a group of employees under the National Labor Relations Act. The 3-2 decision ruled that the waste recycling company Browning-Ferris Industries (BFI) is a “joint employer” with the staffing firm it hired, Leadpoint Business Services, to run one of its recycling plants, and required BFI to negotiate with the Teamsters union at that facility.
On August 17, the National Labor Relations Board issued a unanimous decision dismissing a representation petition filed by a group of Northwestern University football players seeking to unionize — a landmark decision in a case which had the potential to significantly alter the makeup of college athletics.
Given new procedures and the speed with which an election can take place, private-sector colleges and universities need to not only understand the new rules, but also have a plan for adhering to the new requirements and timelines. In a CUPA-HR webinar, Jonathan C. Fritts, a partner at Morgan Lewis, covered the key changes in detail and shared these five takeaways.
The National Labor Relations Board (NLRB)’s general counsel issued a report last week that offers specific examples of lawful and unlawful language used in employee handbooks in several key categories, including rules on confidentiality and employee conduct.