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Tag:NLRB

Even Without Trump, Labor Law is Still Broken

Mar 23, 2018 Andrew Strom

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 for life-tenure on the federal courts, including one, Thomas Farr, […]

March 22, 2018
News & Commentary

Emily Miller

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 trial. NLRB General Counsel Peter Robb successfully requested a sixty-day stay of the case in January to pursue […]

March 15, 2018
News & Commentary

Maddy Joseph

“Organized labor, once seen as fractured and feckless in the Trump era, gave the Democrat Conor Lamb his edge in Pennsylvania,” says a New York Times analysis of last night’s special election. A Politico analysis also noted Lamb’s strong support from unions, noting that Lamb’s opponent, Rick Saccone, was a strong supporter of “right to […]

March 13, 2018
News & Commentary

Feyi Lawoyin

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 interest and should have recused himself. The motion argues, among other things, that the Inspector General Report concluding […]

Board Vacates Hy-Brand, Raising More Questions

Feb 27, 2018 Sharon Block

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 Inspector General that Member Bill Emanuel should have recused himself from participation in the case. The […]

February 27, 2018
News & Commentary

Feyi Lawoyin

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 companies in the Browning-Ferris case). Hy-Brand overruled Browning-Ferris, thus reinstating a joint-employer standard under which […]

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

Feb 22, 2018 Sharon Block

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 action goes far enough. The Board should not only take Ben’s advice to […]

February 22, 2018
News & Commentary

Emily Miller

President Trump met with leaders from the country’s largest labor unions yesterday to discuss plans to renegotiate the North American Free Trade Agreement. The Wall Street Journal reports that the administration is trying to gain support from labor unions which have been critical of the President over the last year by seeking their input on […]

The NLRB Should Withdraw Hy-Brand

Feb 21, 2018 Benjamin Sachs

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 definition of joint employer. The essence of the IG’s report is that “the manner in which the former Chairman marshaled Hy-Brand through the Board’s deliberative process effectively […]

February 8, 2018
News & Commentary

Emily Miller

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. Their proposal faced vocal opposition from Representative Nancy Pelosi, who took to the House […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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