Tag: NLRA

District Court Invalidates NLRB’s Joint-Employer Rule

On March 8, 2024, the U.S. District Court for the Eastern District of Texas invalidated the National Labor Relations Board’s joint-employer final rule, meaning the rule did not go into effect on March 11, as was anticipated. The NLRB will likely appeal the ruling to the 5th U.S. Circuit Court of Appeals. The final rule... View Article

HR and the Courts — March 2024

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Dartmouth College May Appeal NLRB’s Decision Allowing Basketball Players to Unionize The Dartmouth College men’s basketball team voted 13-2 to unionize, selecting the... View Article

NLRB Higher Education Union Election Data for 2023

During calendar year 2023, union organizing continued to rise at institutions of higher education. Data from the National Labor Relations Board on union organizing show that 31.2% of all private-sector workers who successfully unionized in 2023 were employed by institutions of higher education. Public institutions also saw considerable union activity, though this is not reflected... View Article

HR and the Courts — February 2024

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Basketball Players Are Employees of Dartmouth, NLRB Concludes—Union Vote Scheduled for March 5 Student-athletes on the Dartmouth College men’s basketball team will vote... View Article

HR and the Courts — December 2023

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. University of California May Test Federal Ban on Hiring Undocumented Workers The University of California may be the first public institution to challenge... View Article

HR and the Courts — November 2023

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. California Becomes First State to Mandate Workplace Violence Prevention Plans Under a new law, the first broad state law of its kind, most... View Article

NLRB Issues Joint Employer Final Rule

On October 26, 2023, the National Labor Relations Board (NLRB) released its final rule amending the standard for determining joint employer status under the National Labor Relations Act (NLRA). The rule replaces the board’s 2020 final rule on the same issue and greatly expands joint employer status under the NLRA. The final rule establishes joint... View Article

HR and the Courts — October 2023

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Governor Newsom Vetoes Bill That Would Ban Caste Discrimination California Governor Gavin Newsom vetoed what would have been the first specific state ban... View Article

HR and the Courts — April 2023

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. NLRB Rules Graduate Student Fellows With No Teaching or Research Assistant Responsibilities Are Not University Employees and Cannot Unionize  A National Labor Relations... View Article

NLRB General Counsel Issues Memo on Recent Severance Agreement Ruling

On March 22, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo to all field offices with guidance on the Board’s recent decision in McLaren Macomb, in which the Board decided that employers cannot offer employees severance agreements that require employees to waive rights under the National Labor Relations Act (NLRA), such... View Article

Responding to the NLRB’s Ruling on Confidentiality and Non-Disparagement Clauses in Employee Agreements

WEBINARS CUPA-HR > NLRA Responding to the NLRB’s Ruling on Confidentiality and Non-Disparagement Clauses in Employee Agreements Thursday, March 30 | 1:00-2:00 p.m. ET Sponsored by  WATCH NOW Presentation Slides Other Materials Poll Results The National Labor Relations Board (NLRB) recently issued a key decision holding that an employer commits an unfair labor practice merely... View Article

NLRB Region Files Complaint Against the NCAA, Pac-12 and the University of Southern California

On December 15, the National Labor Relations Board (NLRB)’s Region 31 announced it will pursue a complaint against the National Collegiate Athletic Association (NCAA), the Pac-12 Conference and the University of Southern California (USC) for violating the National Labor Relations Act (NLRA) by misclassifying student-athletes as non-employees, unless the matter is settled. On February 8,... View Article

HR and the Courts – November 2022

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. EEOC Disavows Publicly-Expressed Views of Former General Counsel Regarding Abortion Travel Issues  The Equal Employment Opportunity Commission (EEOC) took the rare step of... View Article

HR and the Courts – June 2022

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Supreme Court to Determine Scope of Highly Paid Executive Employee Exemption Under the Fair Labor Standards Act (FLSA) The U.S. Supreme Court will... View Article

National College Players Association Files Charges Seeking Employee Status for Student-Athletes

On February 8, the National College Players Association (NCPA), an advocacy association for college athletes, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the University of Southern California, the University of California, Los Angeles (UCLA), the Pac-12 Conference and the National Collegiate Athletic Association (NCAA). The charges allege that the... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Federal Appeals Court Panel Expresses Skepticism Regarding New York City Teachers’ Challenge to the Constitutionality of the New York City Vaccine Mandate for... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Several States Consider Legislation Aimed at Softening Federal Workplace Vaccine Mandates The Arkansas legislature recently passed legislation which would soften the federal employer... View Article

NLRB General Counsel Releases Memo on Employee Status for Student Athletes

On September 29, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released a memorandum stating her position that student athletes (or “Players at Academic Institutions,” as she refers to them in the memo) are employees under the National Labor Relations Act (NLRA) and are afforded all statutory protections as prescribed under the law. Abruzzo... View Article

NLRB Withdraws Proposed Rule on Student Workers

On March 12, the National Labor Relations Board (NLRB) announced it would be withdrawing its 2019 Notice of Proposed Rulemaking (proposed rule) addressing the extent to which students who perform services for private higher education institutions are considered employees under the National Labor Relations Act (NLRA). The official Notice of Withdrawal will be published in the... View Article

House Passes the PRO Act

On March 9, the House of Representatives passed H.R. 842, the Protecting the Right to Organize (PRO) Act, which is a massive labor reform bill designed to increase union density. Criticized as a “left-wing wishlist” for unions by House Republicans, the bill passed the House mostly along party lines by a vote of 225-206, with... View Article

CUPA-HR Submits Comments on NLRB’s Proposed Rule on Student Workers

On January 15, 2020, CUPA-HR, the American Council on Education (ACE), and other higher ed associations, filed comments in response to the National Labor Relations Board (NLRB)’s Notice of Proposed Rulemaking on student workers. The proposed rule essentially states that student workers at private institutions are not considered employees under the National Labor Relations Act... View Article

NLRB Plans to Revisit Student Organizing

The National Labor Relations Board (NLRB) indicated in the federal government’s May 22 spring regulatory agenda that it plans to issue a proposed rule by September addressing the extent to which students who perform services for private higher education institutions are considered employees under the National Labor Relations Act (NLRA). Under the NLRA, employees working in the private... View Article

Unions
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The primary function of a labor union is to serve as a legal intermediary between employer and employee in the negotiation of terms, conditions and benefits of employment, in order to secure a collective bargaining agreement (CBA) between the employer and the union-represented employee(s). Common foci of CBA negotiations include improvements to pay, benefits, job... View Article