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National Labor Relations Act

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23 posts

This Labor Day, A Clean Slate for Reform

Published September 3rd, 2018 - and

As divided as we have become as a country, we arrive at this Labor Day with a shared national understanding: both economic and political power are wildly out of balance, with dire consequences for the vast majority of Americans who find themselves on the losin... More »

Weekend News & Commentary — August 25–26, 2018

Published August 26th, 2018 -

On Saturday, Judge Ketanji Brown Jackson for the U.S. District Court for the District of Columbia rejected a series of President Trump’s executive orders.  Jackson ruled that boosting federal agencies’ firing rights would deny collective bargaining rights for ... More »

Weekend News & Commentary — July 14–15, 2018

Published July 15th, 2018 -

The Fifth Circuit recently ruled that the fast-food chain In-N-Out Burger violated the National Labor Relations Act when it prohibited employees from wearing  “fight for 15” buttons at work.  Amanda Healey wore a quarter-sized button in April of 2015, and a co... More »

Today’s News & Commentary — June 29, 2018

Published June 29th, 2018 -

In Chicago, the U.S. District Court for the Northern District of Illinois ruled in favor of sandwich  franchise Jimmy John’s, who argued that the company cannot be liable for the FLSA violations of its individual restaurants.  Jimmy John’s may control mayonnai... More »

Weekend News & Commentary — June 2 – 3, 2018

Published June 3rd, 2018 -

Boeing pursues an NLRB appeal of the unionization vote of a “micro unit” of plant workers in Charleston, South Carolina; before the vote, the NLRB had made an anti-union reversal a little more likely.  As Bloomberg Law reported on Friday, an ethics official fo... More »

Weekend News & Commentary — May 5–6, 2018

Published May 6th, 2018 -

Immigrations and Customs Enforcement Acting Director Thomas Homan is retiring in June, but continues to escalate worksite enforcement efforts. Homan appears to be delivering on his promise last fall to oversee a four or fivefold rise in rates of workplace immi... More »

Weekend News & Commentary — April 21 – 22, 2018

Published April 22nd, 2018 -

Friday was a big day for unionization efforts in New England. Late in the afternoon, election results revealed that Harvard University teaching and research assistants had voted to unionize.  During the election held on April 18 and 19, 1,931 ballots were cast... More »

Even Without Trump, Labor Law is Still Broken

Published March 23rd, 2018 -

So far, President Trump has appointed a Supreme Court Justice, Neil Gorsuch, who may cast the deciding vote to upend decades of settled labor law in two major cases, Epic Systems Corp. v. Lewis and Janus v. AFSCME; he has nominated dozens of right-wing lawyers... More »

The NLRB Should Withdraw Hy-Brand . . . AND!

Published February 22nd, 2018 -

To start, I completely agree with everything Ben wrote about the need for the NLRB to withdraw the Hy-Brand decision because of Member Bill Emanuel’s improper participation in the decisionmaking process.  My only departure is that I don’t think Ben’s call for ... More »

Today’s News & Commentary — February 5, 2018

Published February 5th, 2018 -

Less than two years after having finally been recognized as the inspiration for J. Howard Miller’s iconic “We Can Do It!” World War II poster, Naomi Parker Fraley–the “true” Rosie the Riveter–died at age 96 on January ... More »

A Bad McSettlement

Published January 29th, 2018 -

The NLRB’s General Counsel recently sought a 60-day stay to try to settle unfair labor practice charges filed by the Fight for $15 campaign against McDonald’s and various franchisees as joint employers equally responsible for illegal retaliation. While Board p... More »