Tag: NLRB

HR and the Courts

November 17, 2021 9:27 am

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

October 20, 2021 9:58 am

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

September 29, 2021 1:25 pm

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

August Legislative Policy Roundup: Update for Higher Ed HR

August 23, 2021 9:22 am

Though August is typically a quiet time in Washington, D.C., legislative activity the first half of the month remained steady in preparation for a busy fall. To keep members updated on what to expect, the CUPA-HR government relations team pulled together the following summary of recent actions that will continue to take shape after Congress... View Article

President Biden Issues Executive Order to Create Task Force on Worker Organizing and Empowerment

April 30, 2021 10:37 am

On April 26, President Biden signed an Executive Order on Worker Organizing and Empowerment (EO), which creates the Task Force on Worker Organizing and Empowerment (Task Force). Citing the decline in union density, the EO and newly created Task Force aim to “encourage worker organizing and collective bargaining and to promote equality of bargaining power between... View Article

HR and the Courts

April 20, 2021 12:26 pm

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. Court of Appeals Reinstates Professor’s First Amendment Free Speech and Religious Discrimination Challenge to University’s Preferred Pronoun Policy on Transgender Students  The U.S.... View Article

NLRB Withdraws Proposed Rule on Student Workers

March 12, 2021 12:55 pm

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

HR and the Courts

January 19, 2021 9:48 am

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: Trump Workplace Diversity Training Executive Order Halted by Federal District Court Nationwide A federal judge blocked President Trump’s ban on “divisive” workplace diversity... View Article

HR and the Courts

February 17, 2020 4:30 pm

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Immigrant-Insensitive Social Media Post Is Insufficient Grounds for School District to Discharge Teacher Who Had Received Commendations for Inclusiveness A California appeals court... View Article

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

January 16, 2020 4:10 pm

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

HR and the Courts

December 18, 2019 11:44 am

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: University Volleyball Coaches Lose Age and Sexual Orientation Discrimination Termination Lawsuit The University of Delaware’s head women’s volleyball coach (age 55) and 56-year-old... View Article

HR and the Courts

October 16, 2019 9:23 am

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: NLRB Proposes Administrative Rule That Would Make Graduate Students Ineligible to Unionize The National Labor Relations Board (NLRB) recently announced its consideration to... View Article

NLRB Plans to Revisit Student Organizing

May 30, 2019 9:00 am

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

HR and the Courts: Recent Rulings and Legislation

August 6, 2018 2:06 pm

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: NYU Prevails in ERISA Class Action Case NYU received a complete victory in the first of more than approximately a dozen ERISA class... View Article

NLRB General Counsel Issues Guidance on Employee Handbook Rules

July 2, 2018 9:00 am

On June 6, Peter B. Robb, general counsel for the National Labor Relations Board (NLRB), issued guidance to regional directors on how to evaluate workplace rules and handbooks in light of the Board’s decision in The Boeing Company, 365 NLRB No. 154 (2017). The guidance applies to handbooks in both union and nonunion workplaces at... View Article

HR and the Courts: Recent Rulings and Legislation

January 23, 2018 9:00 am

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: States Consider Sexual Harassment Remedies and Prevention Reforms to Supplement Title VII With the advent of the “me too” movement, many state legislatures... View Article

New Republican-Majority NLRB Decisions Impacting Higher Ed

January 2, 2018 3:54 pm

On December 15, the National Labor Relations Board (NLRB) issued an important ruling for higher education in PCC Structurals Inc. abandoning the Obama Board’s 2011 Specialty Healthcare decision, which allowed employees to organize in “micro units.” The PCC Structurals decision reinstated the previous standard that employees have to share an “overwhelming community of interests” to be an appropriate bargaining... View Article

NLRB General Counsel Provides Glimpse Into New Policy Priorities

December 13, 2017 6:06 pm

On December 1, Peter Robb, the newly-appointed general counsel for the National Labor Relations Board (NLRB), issued his Mandatory Submissions to Advice, a customary practice for all new general counsels, setting forth the types of unfair labor practice charges and issues that the NLRB’s regional offices should send to the NLRB’s Division of Advice in... View Article

Marvin Kaplan Sworn in as NLRB Member

August 14, 2017 10:23 am

On August 10, Marvin E. Kaplan was sworn in as a member of the National Labor Relations Board (NLRB) for a term ending on August 27, 2020. Kaplan, who was serving as counsel to the commissioner of the Occupational Safety and Health Review Commission, previously served as counsel to the U.S. House Oversight and Government... View Article

2016 Comes to a Close

December 20, 2016 10:05 am

After an exciting and, for many, surprising November election, Congress returned to the Capitol to finish up their business for the 114th Congress. The major piece of business that had to get done before Congress could go on recess was finding a way to fund the government. On the night of December 9, the Senate... View Article

NLRB’S Joint Employer Ruling Appealed

January 25, 2016 4:45 pm

Browning-Ferris Industries has appealed the National Labor Relations Board (NLRB)’s August 27 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 (NLRA). This new standard creates additional liabilities for private-sector... View Article