The key issue that could arise out of the Miller & Anderson ruling isn’t necessarily its effect on collective bargaining or union organizing efforts, but rather on how any eventual collective bargaining agreements are used. What’s to stop a union from using a CBA as evidence that employers are joint employers? According to one article…

NLRB Tightens its Joint Employer Standard In 1984 the NLRB issued a decision known as TLI, Inc. that set the standard of when it would find two or more companies to be joint employers. There, joint-employment would only be found when both entities actually exercised direct or immediate control over the employment of the same workers.…

This is an issue that has ping-ponged at the NLRB over the years. For decades, the rule was that if a union petitioned to represent direct / permanent employees at a work site along with temporary employees provided by an outside entity, both of the employers (the company and the temporary agency) would have to…

Fox Television Stations sought a wage reduction and other concessions from the Communications Workers of America during recent labor negotiations. When no agreement was reached by an agreed-upon deadline, Fox lawfully implemented an older contract offer much to chagrin of the CWA. Fox and the Union had been negotiating a successor agreement for two years…

Hot-cargo agreements are agreements between an employer and a union where the employer agrees to not handle or work on any freight or product coming from another person with whom the union has a dispute. Section 8(e) of the National Labor Relations Act prohibits unions and employers from entering into any agreement where the employer…

The latest Facebook lawsuit involves an ambulance company that took action against two employees for posts on those employees’ respective Facebook pages. A paramedic for Monmouth-Ocean Hospital Service Corp (MONOC) lost a federal court lawsuit that alleged her employer illegally accessed and used a Facebook post to discipline her. Stated in the affirmative, an ambulance…