In a ruling on August 17, 2015, the National Labor Relations Board (NLRB) decided that it should not exercise jurisdiction over the unionization attempts by Northwestern football players.  The NLRB “punted” the issue and declined to decide whether the football players were employees permitted to unionize under the National Labor Relations Act.
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Bass, Berry & Sims attorney Tim Garrett wrote an article summarizing the SEC’s April  1 announcement that it had settled an enforcement action over an employer’s use of a restrictive confidentiality agreement.

Tim made the point that the SEC’s action was consistent with similar efforts by the National Labor Relations Board and the Equal Employment

Bass, Berry & Sims attorneys Tim Garrett and Dustin Carlton authored the article “NLRB’s Expansive View: The Northwestern ‘Football’ Ruling and Why Inside Counsel Should Care,” that was published by InsideCounsel on November 13. In the article, the authors discuss how the recent NLRB decision in the Northwestern University case may indicate a broader approach

On October 28, 2014, the National Labor Relations Board (the “Board”) again held that employers violate Section 7 of the National Labor Relations Act (“NLRA”) when they require employees to sign class action waivers as a condition of their employment.  The Board first so held in D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 3, 2012).  Although numerous courts have since rejected the Board’s reasoning in D.R. Horton, the Board nonetheless reaffirmed its position, meaning that employers who maintain such agreements will continue to face significant hurdles to their enforcement.

In Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014), the employer (“Murphy Oil”) required, as a condition of employment, that all employees sign a Binding Arbitration Agreement and Waiver of Jury Trial (the “Agreement”).  The agreement specifically provided:


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In a landmark decision, the United States Supreme Court ruled yesterday that President Obama’s three recess appointments to the National Labor Relations Board (NLRB) were unconstitutional.  Click here for the ruling.  President Obama had relied upon the Constitution’s Recess Appointments Clause to appoint three members of the NLRB.  The Court ruled, however, that the “pro forma” sessions in January 2012 when the recess appointments were made were not truly a “recess” of the Senate within the meaning of that provision of the Constitution.  Since the NLRB was not lawfully appointed, its decision that the employer in the case, Noel Canning, had violated the law was not a proper finding and was not enforceable against the employer.
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In a short ruling issued Thursday, April 24, the National Labor Relations Board (NLRB) granted Northwestern University’s request for review of a regional director’s decision that Northwestern football players are primarily employees and therefore can be represented by a union.  Readers will recall the extensive discussion triggered first by a petition for representation filed in

National Labor Relations Board (NLRB) Regional Director has set April 25 as the date for the union vote for Northwestern University’s scholarship football players.  As readers of this blog will recall, that vote will determine whether the scholarship football players elect the College Athletes Players Association (CAPA) as their bargaining representative.  It is still not

Is this the beginning of the end of college football as we know it?  Some argue that the end already has begun, with the “big money” of television and the corresponding commercialization prevalent in the sport.  Some argue that in today’s major college football and basketball, the phrase “student-athlete” is a misnomer.

Has the end begun?  Perhaps, but as predicted below, look for a legislative initiative to be triggered.
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