How Dartmouth College Men’s Basketball Team Formed a Union

Kollman & Saucier
Kollman & Saucier
05/16/2024
Dartmouth College is probably not the first educational institution that comes to mind when you think about DI NCAA sports. Nevertheless, the small, private, Ivy League university located in Hanover, New Hampshire is at the forefront of one of the most important issues facing college athletics today. On March 5, 2024, the fifteen members of the Dartmouth men’s basketball team voted to form a union. They had formed the first union for college...
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Woodford Reserve Distillery Ordered to Bargain with Union Despite Winning a Representation Election

Kollman & Saucier
Kollman & Saucier
04/15/2024
In August 2022, the Teamsters Union notified Woodford Reserve Distillery that its employees were organizing. Managers then held meetings with employees to speak about the organizing campaign. By the first week of October 2022, the employer believed that 50-60 percent of the employees had signed union authorization cards, primarily motivated by a desire for increased wages. By October 11, the Company decided to announce a $4 per hour across-the-board...
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D.C. Circuit Overrules NLRB On Worker “Surveillance” Case

Vincent Jackson
Vincent Jackson
04/01/2024
Earlier this week, the U.S. Court of Appeals for the D.C. Circuit overruled a recent decision of the National Labor Relations Board finding that an employer engaged in unfair labor practices by “surveilling” union activity and issuing disproportionate punishment to a union activist. The case, Stern Produce Company v. NLRB, involved two separate incidents:  (1) a driver who was sent a text message from a supervisor advising him that he had to...
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The Future of the NLRB’s New Joint Employer Rule Remains Unclear

Kollman & Saucier
Kollman & Saucier
03/15/2024
A federal district court in Texas struck down the National Labor Relation Board’s (NLRB or the Board) new joint employer rule that was set to take effect March 11th. However, this may not be the end of the road for the NLRB’s new joint employer rule. The NLRB’s new joint employer rule expanded the conditions and types of control over terms of employment that trigger a finding of a joint employer relationship. The NLRB outlined seven factors of...
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Union Representatives and OSHA Inspections

Mathew Moldawer
Mathew Moldawer
02/16/2024
The Occupational Safety and Health Administration (OSHA) is poised to implement a rule allowing union representatives to accompany OSHA Certified Safety and Health Officials (CSHOs) during workplace inspections.  The notice of proposed rulemaking was included in the August 30, 2023 issue of the Federal Register. Comments were due on October 30, 2023.  The proposed regulation now sits with the White House in what appears to be the last step before...
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“Retweet”: Fifth Circuit Takes Up Free Speech Under NLRA

Kollman & Saucier
Kollman & Saucier
02/02/2024
It can be tempting to freely air thoughts and grievances on your cozy corner of the Internet, but lest we forget “the Internet is forever.”  That’s true if you are an ordinary person or the richest person in the world. Last week the full Fifth Circuit reheard Tesla, Inc.’s appeal from the NLRB decision made in 2021.  The Fifth Circuit’s decision in this matter has broad implications for the First Amendment rights of employers. The issue...
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Big Changes on the Horizon for College Sports?

Kollman & Saucier
Kollman & Saucier
01/23/2024
Charlie Baker’s tenure as NCAA President, being the first person to hold the office without first serving as an athletic director or college president, was always certain to bring a big shakeup to the college sports landscape. But change may be closer than many expected. The NCAA’s Division I (DI) Board of Directors assigned a recent revolutionary proposal, written by Baker, to the DI Council for evaluation. Although a small step in the NCAA’s...
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Accidental Disclosure of Salary Information Leads to Unfair Labor Practice

Kollman & Saucier
Kollman & Saucier
01/12/2024
Section 8(a)(1) of the National Labor Relations Act (the “Act”) makes it an unfair labor practice for an employer "to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7" of the Act. Section 7 guarantees employees the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, which would include employees working together to seek higher...
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Starbucks Forgot To Engage In Effects/Impact Bargaining, Now The NLRB Wants It To Reopen Stores

Kollman & Saucier
Kollman & Saucier
12/18/2023
To call Starbucks’ relationship with Starbucks Workers United union (Workers United) strained is an understatement.  The relationship began in December 2021 when Workers United’s campaign in Buffalo, NY resulted in the first unionized Starbucks store.  Since then, workers at over 400 Starbucks stores have voted to unionize nationally, many represented by Workers United.  Hundreds of unfair labor practice charges have also been filed on both...
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Is The Cemex Doctrine Is Here to Stay?

Mathew Moldawer
Mathew Moldawer
11/20/2023
The National Labor Relations Board (NLRB) has taken two affirmative steps to cement the Cemex doctrine into current labor law.  First, the NLRB Office of General Counsel, headed by Jennifer A. Abruzzo, issued Memorandum GC 24-01, Guidance in Response to Inquiries about the Board’s Decision in Cemex Construction Materials Pacific LLC.  Abruzzo stated in the guidance that “the Cemex Board took issue with the prior focus on the potential impact...
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