Search

Being sued is many people's worst nightmare. Imagine a process server handing you a thick envelope of legal papers bearing your name next to the word “defendant,” reading about alleged actions you took (or failed to take), and finally, seeing that the plaintiff seeks to recover a large sum of money from you. [ABSTRACT FROM AUTHOR]

The National Labor Relations Act is oftentimes not considered by employers unless a union is on the scene. The "labor" law applies to labor, or so the mistaken belief goes. Section 7 of the Act provides, in deceptive simplicity, "Employees shall have the right to self‐organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities...." The focus of the Act is on employees, not unions per se. [ABSTRACT FROM AUTHOR]

A Pennsylvania hospital violated federal labor law by dominating a so‐called "employee council" for environmental services workers that had actually been started, financed, and supported by the employer, the National Labor Relations Board ruled (UPMC Presbyterian Shadyside, 06‐CA‐102465 et al.; 366 NLRB No. 185 (2018)). [ABSTRACT FROM AUTHOR]

Over the past several months, Management Report has covered a number of anticipated changes at the National Labor Relations Board under the Biden administration and the positive impact they will have on union organizing. The process for changing laws that the current administration believes tilt too far toward employers is often initiated by the NLRB's General Counsel, who is empowered to bring complaints alleging violations of labor law. On occasion, the General Counsel brings a case that is contrary to current law, thus providing the Board with an opportunity to effect a change in the law. [ABSTRACT FROM AUTHOR]

Remember, even union-free employees are permitted to strike in an effort to improve their working conditions. Employers should keep in mind that the NLRB has approved strong appeals by unions to the class consciousness of minority employees. In one case, a union organizer remarked to employees that if African-American employees did not stick together and the union lost the election, all African-American employees would be fired. [Extracted from the article]

Racial Discrimination: Lack of evidence spoils former employee's suit, Racial Discrimination: Absence of evidence torpedoes disgruntled employee's suit, Free Speech: Memorandum's public content boosts former teacher's suit [ABSTRACT FROM AUTHOR]

Gender Discrimination: Supervisor misconduct insufficient to support suit, Sexual Harassment: Untimely suit about infrequent remarks has no chance, Retaliation: Reporting an isolated remark not protected [ABSTRACT FROM AUTHOR]

Readers who follow the ebbs and flows of the National Labor Relations Board are well aware of the agency's vacillation on the right of union organizing in higher education. Several months ago, the NLRB issued a proposed rule that finds many students who perform services for a college or university to be nonemployees under the labor law. Absent employee status, such students lack the protections of and right to organize under federal labor law. The proposed rule represents the next step in a seesaw of law concerning the organizing rights of students. As of this writing, the rule is far from law and is likely to be subject to legal challenge. Many public comments have been submitted in opposition to the proposed rule. Further action from the NLRB on student organizing can be expected later in 2020. [ABSTRACT FROM AUTHOR]

Union cards passed out to employees in a recent campaign included the following. [ABSTRACT FROM AUTHOR]