NLRB’s Unfair Labor Practice Findings Between 2011 and 2013 Potentially Voidable
The National Labor Relations Board (NLRB) has the obligation to enforce the National Labor Relations Act (NLRA). The NLRB’s General Counsel is statutorily responsible for prosecuting unfair labor practice charges before the NLRB. Thus, NLRB’s General Counsel files all unfair labor practice complaints before the NLRB. Under the NLRA, the General Counsel must be appointed by the President and confirmed by the Senate. In June 2010, President Obama directed Lafe Solomon to serve as Acting General Counsel after General Counsel Ronald Meisburg resigned. On January 5, 2011, the President nominated Mr. Solomon to serve as NLRB General Counsel. The Senate declined to confirm Mr. Solomon’s appointment. President Obama then withdrew Mr. Solomon’s nomination and nominated Richard Griffin, whom the Senate subsequently confirmed late in 2013. Altogether, Mr. Solomon served as Acting General Counsel from June 21, 2010, to November 4, [...]
NLRB Ends Football Players’ Drive
On August 17, 2015, the National Labor Relations Board (NLRB) declined to exercise jurisdiction over the College Athletes Players Association’s (CAPA’s) petition to allow football players at Northwestern University to form a union. The organizing players sought guaranteed coverage of sports-related medical expenses for former and current athletes, sponsorship compensation, and the establishment of a trust fund to assist former players in completing their degrees. In March of 2014, the NLRB Regional Director for Region 13 found Northwestern University to be an “employer” engaged in commerce within the meaning of the National Labor Relations Act (NLRA) and further found the student-athletes to be “employees” under the NLRA. The Regional Director determined that the NLRB possessed jurisdiction and directed the players to hold a certification election, which was held April 25, 2014. The April 25th election results were impounded pending Northwestern [...]
BWC Updates and Prospective Billing
The BWC Switches to Prospective Billing For the last several years, the Bureau of Workers’ Compensation has collected employers’ premium payments after the coverage period. The BWC switched to prospective billing on July 1, 2015 for public employers and on January 1, 2016, it will make the switch for private employers. In other words, the BWC will now require payment before it provides coverage. To help facilitate the transition to prospective billing, the BWC is providing employers with an eight month premium credit. To qualify for the credit, employers must be in active, reinstated, or debtor-in-possession status by the time prospective coverage starts. That means employers whose coverage has lapsed should take steps to remedy non-active status, including reporting payroll for currently lapsed payroll periods, paying any outstanding premiums (including late fees), or requesting a payment plan for premiums that [...]
EEOC is Required to Engage in Conciliation Efforts Before Instituting Litigation
On April 29, 2015, the U.S. Supreme Court decided the case of Mach Mining v. Equal Employment Opportunity Commission, unanimously holding that courts may review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory duty to conciliate discrimination allegations. However, the power to review is narrow. A court may act as a factfinder only when presented with evidence that the EEOC: (1) did not provide sufficient information about a charge, or (2) did not attempt to engage in a discussion about conciliating the claim. In Mach Mining, the EEOC investigated a sex discrimination charge against the employer. After the EEOC issued a “reasonable cause” determination that unlawful discrimination could have taken place, it issued a letter inviting the parties to engage in an informal conciliation process. The letter stated that a representative would contact the employer to begin [...]
Administrative Agencies Weigh In on Transgender Employee Restroom Use
OSHA: The Occupational Safety and Health Administration (OSHA) recently released new “best practices” guidance regarding restroom access for transgender employees. Citing potential psychological harm to employees not able to use restrooms corresponding with their gender identity, and potential negative health effects of not using workplace restrooms at all, OSHA recommends employers allow employees to use the restroom of the gender with which they identify. OSHA’s guidance is not a standard or regulation, and it creates no new legal obligation. OSHA recommends allowing transgender employees, without requiring proof of legal or medical changes, to use whichever restroom corresponds with their gender identity. OSHA cautions that requiring such individuals to use separate facilities from the rest of the employees may lead to his or her feeling isolated from peers, the report suggests offering an additional gender-neutral facility. OSHA’s recommendations may be found [...]