Author:

Senate Approves Trump’s Pick for NLRB General Counsel

Senate Approves Trump’s Pick for NLRB General Counsel

This week, the United States Senate approved President Donald Trump’s nomination of Peter B. Robb to be the next General Counsel of the National Labor Relations Board. The move is a key step toward releveling the playing field between Big Labor and Corporate America in the aftermath of profound pro-union actions by the prior administration, including its NLRB General Counsel. The job of General Counsel is a significant one at the Board. The General Counsel is responsible for investigating and prosecuting unfair labor practice cases and supervising the regional offices in their processing of cases. As a result, the General Counsel has control over the types of cases and legal theories that make their way to the NLRB for decisions. The prior General Counsel, Richard F. Griffin, Jr., interpreted the National Labor Relations Act in ways that subjected employers to labor law liabilities where none historically existed. This included arguing that individuals better classified as college students and independent contractors were statutory employees, neutral workplace policies were unlawful, and distinct entities in a business relationships were joint employers. Griffin’s term expired last month and Jennifer A. Abruzzo, the NLRB’s Deputy General Counsel, has been serving as the Acting General Counsel since that time....

College Football Players Can Unionize Says NLRB Regional Director 0

College Football Players Can Unionize Says NLRB Regional Director

Did you know that college football players are not “primarily students”? Well, not if the students are football players on regimented schedules, who receive grant-in-aid scholarships to play football from which their school profits, according to a Regional Director at the National Labor Relations Board. In a decision issued yesterday, the Regional Director concluded that Northwestern University football players who receive scholarships are statutory employees under the National Labor Relations Act, and, therefore, directed an election for the players to decide whether to unionize in light of a petition a union recently filed to represent them. The Regional Director relied upon the common law definition of an employee in rendering his decision, finding that: the school’s interest in the students initially stems from their football talents; letters the University sends them offering scholarships to play football (called tenders) are contracts; the school controls the players through rules and regimented workout and playing schedules; and the scholarships the players receive are compensation that cover living expenses. The Regional Director distinguished the case from Board precedent finding that graduate students are not statutory employees, by reasoning that football is unrelated to the students’ academics unlike the case involving the graduate students.