On September 25, 2024, the U.S. Senate adjourned for a lengthy recess and is not set to return until November 12th, after the upcoming election. The adjournment comes before the Senate was able to vote on two of President Biden’s nominees for the National Labor Relations Board (“NLRB” or the “Board”), including Board Chair, Lauren
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Coalition of Higher Ed Unions Issues Joint Statement on Future of Higher Ed under Harris Administration
Last week, a coalition of 11 international unions, such as the SEIU, AFT, UAW, and CWA, representing faculty, staff, and graduate workers across college and university campuses around the country issued a “Statement of Unity” outlining its vision for higher education and calling on presidential candidate Kamala Harris, and all elected officials, to “join our…
Unionization in Higher Education on the Rise – and Proskauer is Actively in the Thick of It
A recent report from the National Center for the Study of Collective Bargaining in Higher Education and the Professions underscores the dramatic increase in unionization across higher education—particularly in the private sector—among tenure- and non-tenure track faculty, postdoctoral and academic researchers, graduate student workers, and undergraduate student workers. The report details collective bargaining relationships at…
United States Government Accountability Office Finds Federal Contracting Rules do not Prohibit Labor Harmony Agreement Requirements
In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor harmony agreements.
In 2022, Maximus Federal Services, Inc. (“Maximus”), won a contract with the Department of Health and Human Services, Centers for Medicare…
NLRB Regional Director Targets No-Poach Agreements in Latest Complaint
On September 12, 2024, the Regional Director for Region 22 (Newark) filed a complaint against Planned Companies, a building maintenance and services provider based in New Jersey alleging that its use of no-poach agreements with its clients violates Section 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the “Act”).
The no-poach agreements at issue…
President Biden Signs Executive Order Directing Agencies to Prioritize Pro-Union and Union Neutrality Policies
On September 6, 2024, President Biden signed an Executive Order on Investing in America and Investing in American Workers (the “Order”), that, among other things, aims to provide “incentives for federally assisted projects with high labor standards – including collective bargaining agreements, project labor agreements, and certain community benefits agreements.” Specifically, the Order…
Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial
On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of Ohio’s summary judgment ruling that dismissed a graduate student Plaintiff’s Title VII quid pro quo sexual harassment and…
When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected Activity
On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside of work were not constructively discharged when they resigned because they did not engage in protest activity for…
Not Anymore! NLRB Board Blocks Use of Unilateral Consent Orders
On August 22, 2024, the National Labor Relations Board (the ““Board”“) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio San Pedras, 373 NLRB No. 89 (2024), marking a significant departure from its previous stance on accepting unilateral consent orders. This decision effectively eliminates the use of consent orders as a means…
The Show Can’t Go On: NLRB Denies Union Request for Review of Decision Finding Brown University MFA Students are Not Employees
In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s (“RD”) decision finding that graduate students seeking a Masters of Fine Arts (“MFA”) degree in acting and directing at…