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10 posts

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 »

Alternative Facts at the NLRB

Published March 28th, 2018 -

Peter Robb, the NLRB General Counsel appointed by President Trump, has a change agenda for the agency.  He recently took two actions that have garnered a great deal of attention among Board watchers.  His announcements regarding a significant reorganization of... More »

Today’s News & Commentary — March 22, 2018

Published March 22nd, 2018 -

Despite its recent reversal of December’s Hy-Brand decision, the National Labor Relations Board is pushing forward with attempts to settle a case against McDonald’s which could have significant implications for joint-employer liability if allowed to go to tria... More »

Daily News & Commentary—March 13, 2018

Published March 13th, 2018 -

Last Friday, respondents filed a motion for reconsideration in the Hy-Brand case.  As we’ve covered (here and here), the NLRB vacated its decision in Hy-Brand (thus restoring the Obama-era joint-employer standard) because a Board member had a conflict of... 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 . . . 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 »

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 »

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 »