The National Labor Relations Board occasionally invites the public to file amicus briefs in cases of significance or high interest. Listed below are current and recent invitations - each with a short description of the issues involved and filing deadlines. Briefs should be filed with the Office of the Executive Secretary; contact information is provided in the text of each invitation.
» An archive of previous invitations and briefs can be found here.
The Board invites the filing of briefs in order to afford the parties and interested amici the opportunity to address issues raised in Northwestern (Case 13-RC-121359).
On April 24, 2014, the Board granted Northwestern University’s request for review of the Regional Director’s decision finding the University’s grant-in-aid scholarship football players are employees under the NLRA and directing an election to take place. The election was held on April 25, 2014, but the ballots have not been counted.
To aid in the consideration of the issues raised in the case, the Board extended the time for filing of briefs from the parties and interested amici, extending to on of before July 3, 2014.
The Board invites the filing of briefs to afford the parties and interested amici the opportunity to address the Board’s joint employer standard, as raised in Browning-Ferris Industries (Case 32-RC-109684).
Among the issues raised by the Board is whether the parties and amici believe the Board should adhere to its existing joint employer standard or adopt a new standard.
Briefs from the parties and interested amici are due on or before June 26, 2014.
Purple Communications, Inc.
In Purple Communications, Inc. (Cases 21-CA-095151; 21-RC-091531; and 21-RC-091584), the administrative law judge, relying on Register Guard, dismissed the allegation that the employer violated Section 8(a)(1) of the National Labor Relations Act by prohibiting use of its electronic equipment and email systems for activity unrelated to the employer’s business purposes
The General Counsel and the charging party, the Communication Workers of America, AFL-CIO, have asked the Board to overrule Register Guard and adopt a rule that employees who are permitted to use their employer’s email for work purposes have the right to use it for Section 7 activity, subject only to the need to maintain production and discipline.
To aid in the consideration of this issue, the Board invites the filing of briefs from the parties and interested amici on or before June 16, 2014.