Tag Archive: NLRB

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