NLRB to rule on unionizing temporary workers; NLRB's decision could affect survival strategies for unions, employers in global market

Article Abstract:

A National Labor Relations Board (NLRB) decision in Jeffboat Div, American Commercial Marine, M.B. Sturgis and Value Recycle, three consolidated cases, may portend important changes for the labor movement and for the contingent workfoce. Labor unions eagerly view the latter as a way of shoring up their reduced membership and a change in NLRB precedent at issue in the case would make it easier for labor unions to organize temporary workers and could also bring more picketing of staffing agencies. Employers complain that unionizing temporary workers would lessen their use and ultimately make companies less competitive since the contingent workforce is becoming increasingly important.

Management, Membership, Temporary employment

---

Two recent high court cases list GVR criteria; court clarifies when recent developments justify orders that grant, vacate and remand

Article Abstract:

Decision of the US Supreme Court in Lawrence v. Chater and Stutson v. United States show the Court's standards for issuing orders to grant, vacate and remand (GVR), the next best thing to receiving a grant of certiorari. The opinions indicate a willingness to increase the use of such orders and list developments since the appellate courts' decisions which may justify such orders. Lawrence and Stutson show that GVRs may be possible even though all the requirements for relief under the All Writs Act are not met. Points for drafting a GVR petition are listed.

Analysis, Practice, Judicial review, United States. Supreme Court, Vacatur

---

Supreme Court clarifies NLRB polling standard; the high court's ruling should lead to consistent application by ALJs and reviewing courts

Article Abstract:

The purpose of polling is to rebut the presumption of the majority status of a union, and employers are not allowed to freely poll employees since the NLRB believes the process is disruptive to established bargaining relationships and unsettling to employees, and the US Supreme Court clarified the NLRB polling standard in Allentown Mack Sales & Service v. NLRB. The court upheld the NLRB's requirement that an employer have a 'good faith reasonable doubt' of an incumbent union's majority status. Other conditions are listed.

Standards

Similar abstracts:

• Abstracts: IRS rules on 401(k) definition of disposition of substantially all assets used in a trade or business
• Abstracts: EEOC issues proposed rules on ADEA waivers. EEOC issues guidance on psychiatric disabilities under employment provisions of ADA
• Abstracts: Some observations on rehabilitation and justice. Attitudes, social problems and reconvictions in the 'STOP' probation experiment
• Abstracts: Destabilizing racial classifications based on insights gleaned from trademark law
• Abstracts: Receivables can play a role in a region's recovery; securitizations could help many Asian countries if jurisdictions become friendly to the concept

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.