Edward Nasser is a student at Harvard Law School.
Tomorrow, the National Labor Relations Board will publish a Request for Information in the Federal Register, asking for public input regarding the Board’s 2014 “Quickie Election” Rule. The amendments, which took effect on April 14, 2015, allowed union organizing to move at an accelerated pace by, among other things, significantly reducing the time between the filing of a representation petition and the election from an average of approximately six weeks to an average of 23 days. The Board will seek information from interested parties regarding three questions:
- Should the 2014 Election Rule be retained without change?
- Should the 2014 Election Rule be retained with modifications? If son, what should be modified?
- Should the 2014 Election Rule be rescinded? If so, should the Board revert to the Representation Election Regulations that were in effect prior to the 2014 Election Rule’s adoption, or should the Board make changes to the prior Representation Election Regulations? If the Board should make changes to the prior Representation Election Regulations, what should be changed?
The NLRB ruled against Harvard’s appeal of an earlier decision that ordered a new graduate-student union election. Earlier this year, the NLRB invalidated the results of Harvard’s 2016 graduate-student election and ordered a new election, arguing that the University did not provide a complete list of eligible voters prior to the election. The issue of whether graduate students are employees is still hotly contested following the NLRB’s decision in a 2016 Columbia University case; Yale and the University of Chicago have filed briefs arguing that case should be overturned.
Yesterday in Rodriguez‐Depena v. Parts Auth., Inc., 2d Cir., No. 16-3396, the Second Circuit ruled that the Fair Labor Standards Act does not prohibit arbitration on wage and hour claims. The Second Circuit found that language in the Fair Labor Standards Act that authorizes lawsuits “in any federal or state court of competent jurisdiction” doesn’t prohibit arbitration. Arbitration provisions have been a hot issue over recent years, and will likely continue to be. The Supreme Court heard arguments on two class action waiver cases in October.
Daily News & Commentary
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July 3
Unions seek a preliminary injunction to prevent USDA downsizing; the D.C. District Court issues a preliminary injunction against new student loan regulations; Matt Bruenig releases an analysis of Starbucks’ ongoing legal battle against Starbucks Workers United.
July 2
First Circuit denies federal worker unions’ mandamus petition; federal court denies preliminary injunction against new union reporting rule; House introduces the Securing Agriculture’s Workforce Act.
July 1
Trump nominates Keith Sonderling as Labor Secretary; DOL eliminates disparate-impact liability from Title VI regulations; OPM finalizes rule allowing suitability-based removal of federal employees for post-appointment conduct.
June 30
SCOTUS ends removal protections for agencies; staff at NYC cocktail bar vote to unionize.
June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.