Tag Archives: unions

The Board Weighs In on the COVID Mail Ballot Controversy

Keahn MorrisJames HaysJohn BolestaBy Keahn Morris, James Hays and John Bolesta on Posted in National Labor Relations Act, National Labor Relations Board, NLRB
Did an NLRB’s Regional Director abuse her discretion when she directed a mail ballot election instead of an in-person (manual) ballot election during the COVID-19 pandemic?  Though not getting the attention it deserves, this is an extremely important issue going to the very integrity of the Board’s representation process.  Manual balloting has long been the … Continue Reading

Board Invites Briefs and Signals a Possible Shift in Its Contract Bar Rules

Keahn MorrisJames HaysJohn BolestaBy Keahn Morris, James Hays and John Bolesta on Posted in National Labor Relations Act, National Labor Relations Board
On June 23, the National Labor Relations Board’s (Board or NLRB) issued a decision in Mountaire Farms, Inc., 5-RD-256888 in which the Board granted review of a Regional Director’s decision applying the Board’s contract bar doctrine, finding that the case presented substantial issues warranting the NLRB’s review and announcing its intention to establish a schedule … Continue Reading

Judge Jackson Explains the Basis for Her Invalidation of the Board’s Election Regulations

Keahn MorrisJames HaysJohn BolestaBy Keahn Morris, James Hays and John Bolesta on Posted in National Labor Relations Act, National Labor Relations Board
As we previously discussed earlier this month, District Court Judge Ketanji Brown Jackson issued an Order in American Federation of Labor and Congress of Industrial Organizations v. National Labor Relations Board, Civil Case No. 2020-0675, invalidating five of the National Labor Relations Board’s (NLRB or Board) soon-to-be implemented new elections rules (2019 rules).  Issued in … Continue Reading

The NLRB Rethinks Its Position on When It May Assert Jurisdiction Over Religious Schools in Labor Matters Involving Faculty Members

Keahn MorrisJames HaysJohn BolestaBy Keahn Morris, James Hays and John Bolesta on Posted in National Labor Relations Act, National Labor Relations Board, NLRB
On June 10, the National Labor Relations Board (NLRB or Board) issued Bethany College, 369 NLRB No. 98, in which it held that it does not have jurisdiction over matters concerning teachers or faculty at bona fide religious educational institutions.  Bona fide religious educational institutions are those who (1) hold themselves out to students, faculty … Continue Reading
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