On September 6, 2024, President Biden signed an Executive Order on Investing in America and Investing in American Workers (the “Order”), that, among other things, aims to provide “incentives for federally assisted projects with high labor standards – including collective bargaining agreements, project labor agreements, and certain community benefits agreements.” Specifically, the Order
Labor Relations Update
Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial
On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of Ohio’s summary judgment ruling that dismissed a graduate student Plaintiff’s Title VII quid pro quo sexual harassment and…
When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected Activity
On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside of work were not constructively discharged when they resigned because they did not engage in protest activity for…
Not Anymore! NLRB Board Blocks Use of Unilateral Consent Orders
On August 22, 2024, the National Labor Relations Board (the ““Board”“) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio San Pedras, 373 NLRB No. 89 (2024), marking a significant departure from its previous stance on accepting unilateral consent orders. This decision effectively eliminates the use of consent orders as a means…
The Show Can’t Go On: NLRB Denies Union Request for Review of Decision Finding Brown University MFA Students are Not Employees
In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s (“RD”) decision finding that graduate students seeking a Masters of Fine Arts (“MFA”) degree in acting and directing at…
NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws
Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions to provide information to a union concerning student workers where the requested information may implicate the Family Educational Rights and Privacy Act (FERPA).…
NLRB Issues “Fair Choice-Employee Voice” Final Rule
By Joshua Fox & David Gobel
On July 26, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule (the “2024 Rule”), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the “2020 Rule”) that amended representation election procedures.
As we previously reported, the Board issued its Proposed Rule on…
BREAKING: NLRB Drops Attempt to Revive 2023 Joint-Employer Rule
On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed a pending appeal before the United States Court of Appeals for the Fifth Circuit, which sought to reverse a decision by the Eastern District of Texas that vacated the joint-employer final rule.
As previously reported here and here, the NLRB’s 2023 final…
No Limits (Revisited): D.C. Circuit Holds That Hotel Improperly Limited Bargaining Subjects
The D.C. Circuit just issued a cautionary decision to employers trying to set “ground rules” in negotiations that limit the topics of bargaining. As we previously covered, in December 2022, the National Labor Relations Board (“NLRB” or “Board”) found that Troutbeck Company, a company that owns a hotel in Brooklyn, violated Sections 8(a)(5) and…
Despite Supreme (Court) Blow, Latest NLRB GC Memorandum Advocates for the Aggressive Pursuit of 10(j) Injunctions
On July 16, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 24-05 to all field offices stating that the agency should continue “to aggressively seek Section 10(j) injunctions,” notwithstanding a recent decision by the U.S. Supreme Court raising the Board’s burden for seeking a temporary injunction. …