D.C. Circuit Rejects Union’s In-Person, Voter ID Resignation Requirement

Darrell VanDeusen
Darrell VanDeusen
05/10/2018
Imagine this:  the only way you can vote is if you show up in person and bring your ID with you.  Otherwise voicing your will cannot and will not be accepted. In defense of such a rule, proponents say that the requirements are “merely procedural steps necessary to prevent fraud.”  Those who oppose it say the requirements significantly burden the exercise of the protected rights of those who live some distance from the voting place or who lack...
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Lawsuit over Adjunct’s use of Tenured Faculty’s Syllabus Fails Test

Darrell VanDeusen
Darrell VanDeusen
05/09/2018
I have represented Colleges and Universities for 33 years and I love the work.  I was an adjunct at the University of Baltimore Law School for 30 years and I loved that too.  The unique things that happen in the world of higher education never cease to amaze me.  So, through that lens, let’s take a look at a recent decision from the Third Circuit, which provides a variety of teachable moments regarding interaction among faculty, a university’s...
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NLRA Doesn’t Shield Employee Who Violated Security Protocols

Garrett Wozniak
Garrett Wozniak
03/20/2018
The National Labor Relations Act (NLRA) gives employees the right to engage in protected concerted activity.  The NLRA also makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights” under the Act.  Despite the NLRA’s broad protections, an employer may take action against an employee whose conduct exceeds the scope of the Act’s protections.  The conduct underlying a...
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Judge Strikes Down Contractor's "No Union Hires" Policy

Eric Paltell
Eric Paltell
01/03/2018
Late last month, a NLRB Administrative Law Judge found that a Pennsylvania construction contractor violated the NLRA by screening out applicants with union backgrounds.  Hard Hat Services,  4-CA-196783 (12/27/17). The Judge found that the company improperly asked applicants about their union membership and relied on an on-line recruiting service to screen out applicants who appeared to have union affiliation. The NLRA makes it illegal for an...
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Employers Receive Three Big Gifts From NLRB

Kollman & Saucier
Kollman & Saucier
12/22/2017
In the middle of this holiday season, the NLRB was in a gift-giving mood to employers, updating standards in several important areas of labor law.  In the 48 hours before the expiration of his term (and unconfirmed return to the North Pole), departing Chairman Philip Miscimarra issued three pivotal, 3-2 decisions that will substantially benefit employers going forward in three areas: (1) employee handbooks; (2) joint employment; and (3) bargaining...
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House Passes Legislation Narrowing Joint Employer Doctrine

Randi Klein Hyatt
Randi Klein Hyatt
11/21/2017
One of the most pressing issues for employers and contractors is the joint employer doctrine.  This doctrine allows the NLRB and other agencies to consider one business the employer of another business’ employee if it had indirect or potential control over the second business’ employees.  What is indirect or potential control, you ask?  Therein lies the problem. While the NLRB decision that expanded this doctrine to its current state is still...
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Two Employment Related Measures Under Consideration By Congress

At least two employment-related bills have been introduced in Congress in recent days.  The first, H.R. 4219, dubbed the Workflex in the 21st Century Act, would amend the Employee Retirement Income Security Act of 1974 to include an option for qualified flexible workplace arrangements.  Under the legislation in its current form, employers would voluntarily offer employees at least a guaranteed minimum level of paid leave.  The amount of leave...
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President Trump Appoints Peter B. Robb to NLRB General Counsel Post

Randi Klein Hyatt
Randi Klein Hyatt
09/19/2017
On September 15, 2017, President Trump appointed Peter Robb to be General Counsel of the NLRB for a four year term.  Robb is a management-side attorney, who had previously served as chief counsel to former NLRB Member Robert Hunter. The General Counsel decides what actions to bring before the NLRB, and also has the authority to dismiss charges.  It is widely expected that Robb will roll-back guidance promulgated by President Obama’s General...
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Google and the "Sevens"

Kollman & Saucier
Kollman & Saucier
08/22/2017
Many of you have read or heard about the recent “Google memo” dispute.  An employee of the search engine company named James Damore circulated an internal ten-page memo to Google’s other employees that has since gone viral and created a great deal of public discussion, especially after Google fired him based on the views he expressed.    Regardless of what you may think of the views espoused by Mr. Damore in the memo, his conduct, and...
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NLRB Upholds Discharge of Disruptive Union Activist

Randi Klein Hyatt
Randi Klein Hyatt
05/24/2017
A recent decision issued by the National Labor Relations Board demonstrates that sometimes an employee can go too far, and that termination is a proper remedy for improper conduct.  BHC Northwest Psychiatric Hospital, LLC; cases nos. 04-CA-164465, 04-CA-174166, May 15, 2017. BHC operates an in-patient facility that provides mental health services.  The charging party was part of a bargaining unit of staff and charge nurses.  Mental health...
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