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Today’s News & Commentary — July 5, 2018

Published July 5th, 2018 -

This week, attorneys for Browning-Ferris Industries and the Teamsters union argued before a D.C. Circuit panel over whether the panel should continue to review the NLRB’s 2015 decision in Browning-Ferris.  In that case, the Board adopted a loosened “indirect c... More »

Today’s News & Commentary — June 7, 2018

Published June 7th, 2018 -

A new survey by the Pew Research Center finds that over half of Americans view the decline in labor union density negatively, while just over a third see the traditional labor movement’s shrinking membership in a positive light.  The results reflect a partisan... More »

Today’s News & Commentary — May 10, 2018

Published May 10th, 2018 -

Yesterday Senator Bernie Sanders and Representative Mark Pocan introduced a revamped Workplace Democracy Act (WDA), a bill that builds on past efforts at labor law reform such as the Employee Free Choice Act (EFCA) and previous iterations of the WDA.  Like EFC... More »

Today’s News & Commentary — April 26, 2018

Published April 26th, 2018 -

The Arizona teachers strike begins today.  As we previously reported, Arizona Governor Doug Ducey already promised a 20 percent wage increase for teachers by 2020, but his proposal depends on an optimistic economic forecast in future years as he seeks to avoid... More »

Board Vacates Hy-Brand, Raising More Questions

Published February 27th, 2018 -

Yesterday, the National Labor Relations Board vacated its December decision in Hy-Brand Industrial Contractors.  (Ben and Sharon had called for this action in OnLabor last week here and here.)  The Board’s unusual action follows a finding by the Board’s Inspec... More »

Daily News & Commentary — February 27, 2018

Published February 27th, 2018 -

Last week on the blog, we wrote about why the NLRB should withdraw the Hy-Brand decision (here and here)—in short, because a Board member who voted for the result, William Emanuel, should have recused himself (his former law firm represented one of the c... More »

The NLRB Should Withdraw Hy-Brand

Published February 21st, 2018 -

As Bloomberg and Law360 report, the NLRB’s Inspector General (IG) has concluded that Board member William Emanuel should have been recused from Hy-Brand Industrial Contractors – the decision that overruled Browning-Ferris and retreated on the defin... More »

Today’s News & Commentary – February 21, 2018

Published February 21st, 2018 -

An article in Law360 describes the National Labor Relations Board Inspector General’s report on the decision of NLRB Member Bill Emanuel not to recuse himself from Hy-Brand Industrial Contractors Ltd.  This case reversed the joint employer standard established... More »

Today’s News & Commentary – February 8, 2018

Published February 8th, 2018 -

Senators Mitch McConnell and Chuck Schumer reached a bipartisan agreement yesterday evening in the hopes of avoiding another government shutdown.  The deal would raise caps on military and domestic spending and is seen by some as a victory for both sides.  The... 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 »

Another Phony GOP House Labor Hearing

Published September 28th, 2017 -

A couple of weeks ago, a House Education and the Workforce Subcommittee held a hearing on another bill to dismantle basic workplace protections.  The bill, H.R. 3441, dishonestly labeled the “Save Local Business Act,” could more properly be titled, the “Shield... More »