The following invitations for briefs are no longer active:
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.
Pacific Lutheran University
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. The case is Pacific Lutheran University (19-RC-102521). The Union seeks to represent a unit of all non-tenure-eligible contingent faculty members who work 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 for determining managerial status under NLRB v. Yeshiva University, 444 U.S. 672 (1980). The parties and interested amici are invited to file briefs on or before March 28, 2014. Click here to view the Notice and Invitation to File Briefs for more information. In accordance with section 102.114 of the Board's Rules and Regulations, parties and amici must serve briefs on case participants. Click here for a list of case participants.
Babcock & Wilcox
The National Labor Relations Board is inviting briefs on whether the Board should change the existing standard for determining when the Board should defer to an arbitration award, which is set forth in Spielberg Mfg. Co., 112 NLRB 1080 (1955), and Olin Corp., 268 NLRB 573 (1984). The General Counsel asks the Board to adopt a different standard. In its Notice and Invitation to File Briefs, the Board lists four questions that the briefs should address, and invited submissions of empirical and other evidence. The case is Babcock & Wilcox Construction Co., Inc., 28-CA-022625. The parties and interested amici are invited to file briefs on or before March 25, 2014. Click here to view the Notice and Invitation to File Briefs for more information. In accordance with section 102.114 of the Board's Rules and Regulations, parties and amici must serve briefs on case participants. Click here for a list of case participants.
The National Labor Relations Board seeks briefs on the question of whether, in awarding back pay, it should routinely require the respondent to: 1) submit documentation to the Social Security Administration so that backpay is allocated to the appropriate calendar quarters, and 2) pay for any excess federal and state income taxes owed as a result of receiving a lump-sum payment. The invitation to file briefs is contained in a Board decision issued on July 31, 2012. The period for filing briefs in this case closed on October 1. All briefs filed can be accessed on this case page.
New York University
The National Labor Relations Board seeks briefs on the question of whether graduate student assistants who perform services at a university in connection with their studies are or are not statutory employees within the meaning of Section 2(3) of the National Labor Relations Act. The cases are New York University (02-RC-023481) and Polytechnic Institute of New York University (29-RC-012054). In its Notice and Invitation to File Briefs, the Board listed four questions that the briefs should address. The period for filing briefs in this case closed on July 23, 2012. All briefs filed can be accessed on this case page.
Point Park University
The National Labor Relations Board seeks briefs on the question of whether university faculty members seeking to be represented by a union are employees covered by the National Labor Relations Act or excluded managers. The case is Point Park University (06-RC-012276). In its Notice and Invitation to File Briefs, the Board listed eight questions that the briefs should address. and invited submissions of empirical and practical evidence. The period for filing briefs in this case closed on July 6, 2012. All briefs filed can be accessed on this case page.
D.R. Horton, Inc.
The Board seeks briefs on the following issue: did the respondent violate Section 8(a)(1) of the Act by maintaining and enforcing its Mutual Arbitration Agreement, under which employees are required, as a condition of employment, to agree to submit all employment disputes to individual arbitration, waiving all rights to a judicial forum, where the arbitration agreement further provides that arbitrators will have no authority to consolidate claims or to fashion a proceeding as a class or collective action?
The Board granted an extension of time to file briefs.Accordingly, briefs shall be filed with the Board in Washington, D.C. on or before July 27, 2011. The Board has extended the deadline to file briefs. The parties may now file responsive briefs on or before August 24, 2011. Click here to view the Notice and Invitation to File Briefs for more information.
Stephens Media, LLC d/b/a Hawaii Tribune-Herald
Click here to view this invitation for briefs. In its invitation to file briefs, the Board stated that the case presented the question of whether the Respondent had a duty to provide the Union with a statement provided to it by an employee or any other statements that it obtained in the course of its investigation of another employee’s alleged misconduct. The Board explained that:
Board precedent establishes that the duty to furnish information “does not encompass the duty to furnish witness statements themselves.” Fleming Cos., 332 NLRB 1086, 1087 (2000), quoting Anheuser-Busch, Inc., 237 NLRB 982 (1978). Compare Northern Indiana Public Service Co., 347 NLRB 210 (2006) (employer notes of investigatory interviews of employees held confidential). This case illustrates, however, that Board precedent does not clearly define the scope of the category of “witness statements.” This case also illustrates that the Board’s existing jurisprudence may require the parties as well as judges and the Board to perform two levels of analysis to determine whether there is a duty to provide a statement: first asking if the statement is a witness statement under Fleming and Anheuser-Busch and then, if the statement is not so classified, asking if it is nevertheless attorney work product. We have therefore decided to sever this allegation from the case and to solicit briefs on the issues it raises.
Accordingly, the parties and interested amici are invited to file briefs with the Board in Washington, D.C. on or before April 1, 2011 addressing the aforementioned issues. The parties may file responsive briefs on or before April 15, 2011. Note: This revised description clarifies the issues on which the Board is seeking briefs (revised 3/23/11). The deadline to file briefs has passed.
Chicago Mathematics & Science Academy Charter School, Inc.
Seeks briefs on the question of whether an Illinois charter school should fall under the jurisdiction of the NLRB or the Illinois Educational Labor Relations Board. In this case, the Chicago Alliance of Charter Teachers and Staff sought a representation election for the school’s teachers, social workers and counselors through the state board, while the School maintains the NLRB should conduct the election. Government entities or wholly-owned government corporations are exempt from NLRB coverage. The parties and interested amici are invited to file briefs with the Board in Washington, D.C. on or before March 11, 2011 addressing the issue. The parties may file responsive briefs on or before March 25, 2011. The deadline to file briefs has passed.
Seeks briefs on the question of what constitutes an appropriate bargaining unit in long-term care facilities. The United Steelworkers petitioned for an election of certified nursing assistants at a nursing home, while the employer argued the appropriate unit should include all non-professional employees, not just the CNAs. The Board agreed to take the case in order to revisit its 1991 decision in Park Manor Care Center, 305 NLRB 872 on what constitutes an appropriate unit in long-term care facilities. The invitation poses eight questions, including what the interested parties' experience has been under the Park Manor decision and whether its application has hindered or encouraged employee choice and collective bargaining.
The Board granted an extension of time to file briefs. Accordingly, briefs shall be filed with the Board in Washington, D.C. on or before March 8, 2011. The parties may file responsive briefs on or before March 22, 2011. Click here to view data sets related to this case requested through FOIA.
The deadline for additional briefs has been extended to March 22, but only in the case of those who filed previous briefs and only to address information contained in newly-released data sets regarding elections. Click here to view the extension of time. The deadline to file briefs has passed.
Click here to view briefs filed in this case:
In cases alleging unlawful employer discrimination in nonemployee access, should the Board continue to apply the standard articulated in Sandusky Mall Co. (329 NLRB 618, 623), and if not, what standard should the Board adopt to define discrimination in this context? Also, what bearing, if any, does Register Guard (351 NLRB 1110) have on the Board's standard for finding unlawful discrimination in nonemployee access cases? An extension of time to file briefs was granted, and the deadline to file was January 7, 2011. The deadline to file briefs has passed.
Seeks review of the Board's 2007 decision in Dana Corp. (351 NLRB 434), which found that employees and other unions should have a 45-day period in which to file for an election following an employer's voluntary recognition of a union. Briefs must be received by November 1, 2010, and all parties should be served with the brief. The deadline to file briefs has passed.
Note: On September 17, the employer in Rite Aid Store #6473, which is cited as the lead case in the Notice and Invitation to File Briefs, withdrew its request for review. Therefore, briefs should not be filed under RiteAid, but instead under Lamons Gasket Co. This change does not affect the scope of the review.
Seeks review of the Board's 2002 decision inMV Transportation(337 NLRB 770), on the duties of a successor employer toward an incumbent union. The deadline to file briefs has passed.