Jonathan J. SpitzBlog Posts

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  • Unions Urge Board to Reconsider its Decision to Overrule Purple Communications on Ethics Grounds

    Two unions are alleging a conflict of interest involving National Labor Relations Board (NLRB) Member William Emanuel should invalidate the NLRB’s recent decision in Caesars Entertainment Corp. d/b/a Rio All-Suites, 368 NLRB No. 143 (2019), in which the Board overruled Purple Communications, Inc., 361 NLRB 1050 (2014). Caesars Entertainment held that employees do not have... Continue Reading
    January 22, 2020
  • Union Launches National Organizing Effort in Gaming and Tech Industries

    The Communications Workers of America (CWA) has begun a nationwide union-organizing campaign targeting game and tech industry employees, in partnership with Game Workers Unite! (GWU), a so-called “grass-roots” worker group founded in Southern California in 2018 to spur unionization in the gaming industry. As here, such groups typically are founded and funded by established labor... Continue Reading
    January 21, 2020
  • NLRB: Investigation Confidentiality Rules Are Lawful

    Overruling Banner Estrella Medical Center, 362 NLRB 1108 (2015), the National Labor Relations Board (NLRB) has held that investigative confi­dentiality rules are lawful Category 1 rules under The Boeing Company, 365 NLRB No. 154 (2017), where by their terms the rules apply for the duration of any investi­gation. Apogee Retail LLC d/b/a Unique Thrift Store,... Continue Reading
    December 18, 2019
  • Bargaining Power Restored: NLRB Holds Dues Checkoff Ends at Contract Expiration

    The National Labor Relations Board has held that an employer has no obligation to continue deducting union dues from employee paychecks pursuant to a dues checkoff provision in a collective bargaining agreement (CBA) after the CBA expires. Valley Hospital Medical Center, 368 NLRB No. 139 (Dec. 16, 2019). Chairman John Ring and Members William Emanuel... Continue Reading
    December 17, 2019
  • Supreme Court’s Epic Systems Decision on Arbitration Interpreted Broadly by Labor Board

    An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualized arbitration, even if it was in response to employees opting into a collective action (such as a wage lawsuit), the National Labor Relations Board...… Continue Reading
    August 20, 2019
  • New Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers

    The “Protecting Georgia Small Businesses Act” amends Georgia’s Labor and Industrial Relations Code to provide that neither a franchisee nor a franchisee’s employee is considered an employee of a franchisor for “any purpose.” However, the amendment does not apply to Georgia Workers’ Compensation Code. The Act goes into effect on January 1, 2017. The Georgia … Continue Reading The post New Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers appeared first on Labor & Collective Bargaining.
    May 6, 2016
  • The Athlete’s Spoken Word And Its Potential Legal Impact

    News sources have revealed that NFL player Riley Cooper will be spending some time away from the Philadelphia Eagles to attend counseling after the recent release of a video showing Cooper using a racial slur at a concert.  Though Cooper and the Eagles have received media attention surrounding the remark and the team’s response, these … Continue reading The Athlete’s Spoken Word And Its Potential Legal Impact
    August 5, 2013
  • Implementation of NLRB Workers’ Rights Posting Rule Delayed by Federal Appeals Court

    The National Labor Relations Board’s rule that requires all employers covered by the National Labor Relations Act to post a notice informing workers of their rights under the Act will not go into effect on April 30th after all.  An emergency injunction was granted by the U.S. Court of Appeals for the District of Columbia … Continue reading Implementation of NLRB Workers’ Rights Posting Rule Delayed by Federal Appeals Court
    April 17, 2012

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