Management & Labor Report Blog
Andrew is a frequent contributor to Management & Labor Report, a blog that focuses on trends and developments in labor law. Andrew and his co-authors cover cases before the National Labor Relations Board (NLRB) and the federal courts that have the potential for setting new precedents or modifying existing precedent. Authored by attorneys in Fox Rothschild’s Labor Management Relations practice group, the blog provides insights and analysis of decisions that could potentially have an impact beyond the parties involved. Topics covered include collective bargaining, the relationship and interactions between an employer and union, union elections and other workplace conduct as it applies to both union and non-union settings.
Recent Blog Posts
NLRB Official Finds Dartmouth Basketball Players are “Employees” and Authorizes a Union Vote
In a hotly contested case, the NLRB regional director for the region covering most of New England has found that Basketball Players at Dartmouth are the university’s “employees” under the National Labor Relations Act. They can now vote on whether to form a union. This case may have drastic consequences on athletics in higher education, which has been subject to legal attacks on various fronts over the past decade.
The finding of employee status was largely based on the control that…More
U.S. Supreme Court Makes It Easier to Sue Unions for Property Destruction
The U.S. Supreme Court recently decided in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, No. 21-1449 (June 1, 2023), that the National Labor Relations Act (NLRA) does not prohibit certain claims against unions related to property damages caused during strikes.
While recognizing that the NLRA protects employees’ right to strike, the Court solidified the obligation of employees and unions to take “reasonable precautions” to prevent foreseeable and substantial property damage when engaging in strike actions.…More
NLRB General Counsel on Non-Competes: Most Violate the NLRA, Should Be Avoided
Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (NLRB), has called for non-compete agreements to be curtailed on a nationwide basis for a large swath of employees.
In a recent memorandum – which is not binding precedent of the NLRB and only an explanation of the General Counsel’s prosecutorial priorities – Abruzzo contends that non-competes interfere with employee rights guaranteed by the National Labor Relations Act (NLRA). Her memo follows on the heels of the NLRB’s attack…More
NLRB Says No to Confidentiality, Nondisparagement Provisions in Severance Agreements
The National Labor Relations Board issued another ground-breaking decision on February 21, 2023, ruling that confidentiality and nondisparagement agreements commonly included in employment severance agreements may be deemed unlawful under the National Labor Relations Act (NLRA). In McLaren Macomb, 372 NLRB No. 58 (2023), a divided Board found that these provisions were unlawful infringements upon employees’ rights to discuss working conditions that are guaranteed by Section 7 of the NLRA. This decision will affect most private sector employees and employers nationwide,…More
Are Employer Uniform and Dress Code Policies Dead?
The National Labor Relations Board ruled on August 29, 2022 that workplace policies restricting or limiting employees’ wearing of union apparel are unlawful unless the employer can demonstrate the existence of “special circumstances” justifying the restrictions. The Board’s decision throws into doubt the legality of employer uniform and dress code policies among employers large and small, nationwide.
In Tesla, Inc., 371 NLRB No. 131, the Board majority found that it was unlawful for Tesla to maintain a policy requiring employees to wear…More
Union without an election? – NLRB’s possible return to Joy Silk Mills
Employers across the country may, in the near future, face a unionized workforce even though their employees are denied the opportunity to vote in a secret ballot election. Under current law, an employer presented with evidence that a union wishes to represent its employees may insist upon an election overseen by the National Labor Relations Board (“Board”). However, the Board’s General Counsel, Jennifer Abruzzo, seeks to upend this current practice and potentially force employer to recognize the union based on…More
Civil Penalties May Be Coming To The National Labor Relations Act
If enacted into law, the so-called Build Back Better reconciliation package (“BBB”) will drastically expand the remedial power of the National Labor Relations Board (“NLRB”) effective January 1, 2022. The BBB incorporates the penalty provisions the PRO Act, which is a pro-labor bill that had been pending in the Senate after passing the House.
This proposed legislation, the text of which has been released but has not passed the House or the Senate, would provide for the following:
Civil penalties up…More
NLRB’s Top Lawyer Says College Athletes Are Employees
In a recent guidance memorandum, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board, has announced her intention to consider college athletes as employees under federal labor law. The implications of this memo are far-ranging and include the possibility of union representation of college athletes and unfair labor practice charges against universities for alleged violations of labor law. Essentially, the memo places private universities on notice that the NLRB will be eager to pursue claims against them on…More
Parts of the PRO Act May Become Law under the Reconciliation Bill
According to news reports, the upcoming budget reconciliation bill will likely contain some portions of the PRO Act, which is a piece of proposed pro-union legislation. As detailed in a prior post, the PRO Act would dramatically change federal labor law. The details of the reconciliation bill are not yet public, but reportedly include electronic voting in union elections and the ability for the NLRB to issue fines against employers.
Currently, the NLRB has the power to order employers to…More
PRO Act: Congress Considers Fundamental Changes to Federal Labor Law
Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide.
The Protecting the Right to Organize Act (the PRO Act) would essentially rewrite the National Labor Relations Act (NLRA) to favor unions and employees seeking to organize unions, while rolling back important employer protections. If passed, this legislation is likely to trigger a wave of union organizing and launch a wave of lawsuits…More
