Category Unions

Joint Employers Smoked Out of Hiding

By Nicholas J. Gleichman On July 29, 2014, General Counsel of the National Labor Relations Board, Richard F. Griffin issued a statement instructing regional offices to include McDonald’s USA LLC as a “joint employer” with its franchisees in 43 pending unfair labor practices cases. This development comes two months after a wave of fast food […]

Attention Kmart Shoppers, Rebellion on Aisle Three

by Emily Pantoja, Editor-in-Chief Every year, it seems that retailers are opening their doors earlier and earlier for eager Black Friday shoppers braving the crowds. The day after Thanksgiving is a tradition for many people hoping to get the best deals on toys, TVs, and electronics. But for employees who work at these retailers, it […]


Labor Unions Bringing Dignity Back to the Workplace

By Shauna Agan Traditionally, labor unions have been known to help workers secure better wages, more benefits, better working conditions, and provide workers with support by representing its members in disputes with management. While this vision of labor unions still holds true today, most people fail to see the most important component of modern labor unions: […]

Matter of 833 Central Owners Corp. and Local 621, United Workers of America

An employer’s use of implied benefits to an employee, coupled with the threat of discharge and reprisals in an effort to coerce him into refraining from union activity, violates the National Labor Relations Act (“the Act”). At an arbitration hearing between the union and employer, a new employee failed to testify on behalf of the […]

The Memorial Hosp. of Salem County & Health Professionals & Allied Employees

A fairly elected labor organization is entitled to bargain with organizations or businesses on behalf of union employees regardless of the organization or business’s objections.  The Union won a representation election conducted at Salem Hospital and soon after requested bargaining with Respondent who refused to meet and bargain with them.  Section 8(a)(5) of the Act […]

In Re New York Party Shuttle, LLC

Employer was found to have terminated an employee in violation of the National Labor Relations Act when the employee used email and social media to try and start a union. Pflantzer was fired after he contacted other employees about starting a union and posted on a closed facebook page for NYC Tour Guides and sent […]

National Football League Players Association v. National Football League

Article 14, Section 1 of the Collective Bargaining Agreement (CBA) between the National Football League (NFL) and the National Football League Players Association (NFLPA) does not apply to players providing or offering to provide financial incentives to injure opponents.  In this case, the NFL Commissioner suspended four New Orleans Saints players for allegedly receiving monetary […]

Nat’l Air Traffic Controllers Assoc. AFL-CIO

A Union acts in bad faith against union members when the union discriminatorily and retroactively applies a new seniority policy that punishes certain bargaining unit employees.  On the day which the Federal Aviation Administration’s new work rules were to be implemented against the NATCA’s wishes, the NATCA applied an amendment to its national constitution, whereby […]

Flaum Appetizing Corp. and Local 460/640, Industrial Workers of the World

Employers may not terminate employees for attempting to organize, even if the employer believe that the employees are undocumented workers. In early 2009, the Flaum Appetizing Corporation terminated seventeen employees and refused to pay back wages, citing the employees’ undocumented status.  The Board held that while Flaum may not be responsible for back pay should […]

Sutter East Bay Hospitals v. N.L.R.B.

Where an employee is disciplined for misconduct purportedly unrelated to protected union activity, the employee must show that there was an improper motivation for the discipline and that the employer would not have taken the same action without the improper motivation.  A hospital employee was suspended and ultimately fired for alleged misconduct connected with her […]