by Josh Scharff | Jun 27, 2017 | NLRB, Social Media, Union Organizing
A few months ago, the Second Circuit considered the case of a catering company server who was fired for posting this comment about his supervisor on Facebook (profanity edited): Bob is such a NASTY MOTHER F[@%#*!] don’t know how to talk to people!!!!!! F[@%#*!] his...
by Josh Scharff | Feb 3, 2017 | Athletes' Unions, Labor Law, NLRB
NLRB General Counsel Richard Griffin formally concluded earlier this week that scholarship football players at private universities and colleges are employees under the National Labor Relations Act, with the rights and protections of that Act. In a General Counsel...
by Jean Marc Favreau | Aug 31, 2016 | Arbitration, Labor Law, NLRB, Remedies
“From the earliest days of the [National Labor Relations] Act, a make-whole remedy for employees injured by unlawful conduct has been a fundamental element of the Board’s remedial approach.”
Goya Foods of Florida, 356 NLRB 1461, 1462 (2011)
by Josh Scharff | Aug 26, 2016 | Labor Law, NLRB, Union Organizing
On August 23, the National Labor Relations Board ruled that graduate students who work as teaching or research assistants at private universities are employees with the right to unionize and collectively bargain. Its decision in Columbia University changes the...
by Josh Scharff | Aug 31, 2015 | joint employer, Labor Law, Union Organizing
The National Labor Relations Board spent some time in the limelight this August after issuing decisions in two high-profile cases with major implications for labor rights across the country. In Browning-Ferris Industries of California, the Board broadened the...
by Josh Scharff | Aug 21, 2014 | joint employer, Labor Law, NLRB, Supreme Court
The National Labor Relations Board has been busy this summer making bold decisions that could have far-reaching implications. The NLRB’s most publicized action this summer occurred on July 29 when the Office of the General Counsel announced that it would treat...
by Josh Scharff | Mar 26, 2014 | Labor Law, Union Organizing
As we previously reported, college football players at Northwestern University submitted a petition and signed union cards to the National Labor Relations Board in January seeking the right to collectively bargain over terms and conditions of employment. The...
by Josh Scharff | Jan 28, 2014 | Labor Law, Union Organizing
Northwestern Football Players Seek to Unionize There’s some interesting labor law news today from an unlikely source – college football players at Northwestern University. Tom Farrey of ESPN’s Outside the Lines first reported that members of the Northwestern football...
by Jean Marc Favreau | May 16, 2013 | Labor Law, Supreme Court
Third Circuit Decision in NLRB v. New Vista Nursing Deems Recess Appointment Invalid Following the D.C. Circuit’s recent Noel Canning decision, the Third Circuit issued a decision this morning invalidating President Obama’s recess appointment of former...
by Jean Marc Favreau | May 7, 2013 | Labor Law
National Association of Manufacturers v. NLRB: D.C. Circuit Finds Posting Rule Violates 1st Amendment In a shocking decision out of the D.C. Circuit, three Republican-appointed judges held that the 1st Amendment to the U.S. Constitution and Section 8(c) of the...
