NLRB requesting briefs on several topics
The NLRB has been busy lately asking for briefs related topics where they will be making some big changes. Last week it was a request for briefs on the proposed rule changes for union certification elections. This week they are requesting briefs related to the status of university employees under the act under certain circumstances.
Notice of Proposed Rulemaking: Representation-Case Procedures
The National Labor Relations Board (Board) has proposed amending its rules and regulations governing representation-case procedures. The proposed amendments are intended to enable the Board to more effectively administer the National Labor Relations Act (NLRA). Specifically, the proposal would modernize and simplify representation-case procedures and render them more transparent and uniform across regions. Issuance of the proposed rule was approved by Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer. Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.
The Board has periodically reviewed and revised its procedures in representation cases in order to efficiently carry out its duties under NLRA. Since the NLRA was enacted in 1935, the Board has amended its representation case rules at least three dozen times, often in substantial ways. The proposed reforms represent the Board’s latest effort to improve its service to the public.
The Board invites comments on the proposal. Comments may be submitted until April 7, 2014, either electronically through www.Regulations.gov or by mail to the Board’s Washington D.C. headquarters. Reply comments may be submitted by April 14, 2014. In addition, the Board will hold a public hearing during the week of April 7, 2014.
Board invites briefs regarding religious university jurisdiction and faculty member status
The National Labor Relations Board is inviting briefs from interested parties on two questions: whether a religiously-affiliated university is subject to the Board’s jurisdiction, and whether certain university faculty members seeking to be represented by a union are employees covered by the National Labor Relations Act or excluded managerial employees. Click here to view the invitation for briefs.
The case is Pacific Lutheran University (19-RC-102521). At this Tacoma, Washington-based university, the Service Employees International Union, Local 925 filed a petition to represent a unit of all non-tenure-eligible contingent faculty who taught a certain number of hours. The university argues that the Board lacks jurisdiction because the university is a religiously-operated institution that is not subject to the Act, and that certain faculty in the petitioned-for unit are managers. In its invitation, the Board listed three questions to be addressed concerning jurisdiction, including what test the Board should apply under NLRB v. Catholic Bishop, 440 U.S. 490 (1979), to determine whether self-identified “religiously affiliated educational institutions” are exempt from the Board’s jurisdiction, and what factors the Board should consider in determining the appropriate standard for evaluating jurisdiction under that case. The Board listed nine questions that the briefs should address concerning the standard under NLRB v. Yeshiva University, 444 U.S. 672 (1980).
Briefs should be filed with the Board on or before March 28, 2014. The parties and amici may file briefs electronically at http://mynlrb.nlrb.gov/efile. If assistance is needed in filing through http://mynlrb.nlrb.gov/efile, please contact Gary W. Shinners, Executive Secretary, National Labor Relations Board.
The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees’ rights to organize and to determine whether to have unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions.