The National Labor Relations Board has, until now, had authority to make aggrieved employees whole. Unlike courts of law that can award punitive damages or put plaintiffs in a better position than they were before their claim arose, the Board was limited to “make whole” remedies that restored wronged employees to the same position they…

Employee Membrino worked at non-union Pessoa Construction Company—until he attended a union meeting and discussed his employment concerns with a union representative. These meetings are generally protected by Section 7 of the National Labor Relations Act. After losing the impending unfair labor practice charge, Pessoa offered Membrino reinstatement but disputed the amount of back pay…

Employees of Jersey City Bike Share, similar to the Citi Bike, Divvy, and CoGo programs that appear in several cities, are seeking to organize a union in New Jersey. This is not surprising considering that the company is already unionized in Chicago and Washington, D.C. That isn’t the takeaway from this article, though. What is…

All full-time and part-time non-tenure track faculty at the University of Southern California were included in a proposed bargaining unit seeking to be represented by the Service Employees International Union (SEIU). While adjunct faculty have been unionizing in droves lately, this nuanced division between tenured and non-tenured faculty is interesting. Here, USC argued unsuccessfully that…

Organizing unions on college campuses is en vogue. As followers of Roetzel Recap know, the adjunct professor unionization movement is sweeping the country. Graduate students and some athletes, though to a lesser degree, have joined the movement. Now, resident advisors (RAs) and student peer mentors can be added to the mix of groups of people…

A South Carolina company had a tiered management system. At the bottom, employee groups were guided by team leads who reported to supervisors who oversaw between 20 and 40 employees. The supervisors reported to managers who in turn reported to the company’s vice president of operations. The issue was whether the supervisors could vote in…