February 12, 2020

2017 Meeting Papers

Materials presented at the 2017 Midwinter Meeting of the ABA Committee on Development of the Law Under the NLRA. Links open in separate windows as Adobe Acrobat(TM) documents.

Portfolio of all materials

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Attorney Misconduct on Social Media: Recognizing the Danger and Avoiding the Pitfalls
Pamela Chandran and Robert C. Nagle

Is Lutheran Heritage Still the Right Standard for Evaluating Workplace Rules? An Examination of the Recent William Beaumont Hospital and Whole Foods Cases
Bryan T. Arnault and Christopher A. Johlie

Intermittent Strikes: What They Are, When They Are Protected and How They Are Being Used in the “Fight for 15”

Brief Insert | Model Brief

Intermittent Strikes: What They Are, When They Are Protected and How They Are Being Used in the “Fight for 15”
Jeffrey M. Place

Whose Strike Is It Anyway?
Michael Feinberg

Does American Baptist Change When an Employer May Permanently Replace Strikers?
Adrian Healy

In Theory, Nothing Has Changed; In Practice, Everything Has Changed
G. Roger King

When Are Employers’ Unilateral Changes Prohibited? A Look at E.I. Du Pont, Minteq and Graymont

A Management Perspective on the Need for a Uniform Standard
Jamie R. Adams

Katz Grabs Back: A Response to the Dissent in E.I. du Pont de Nemours, 364 NLRB No 113 (2016)
N. Elizabeth Reynolds

When Are Employers' Unilateral Changes Prohibited? A Look at E.I. Du Pont, Minteq and Graymont
Colleen Breslin

Update from the Office of General Counsel: 2016 Enforcement Developments and 2017 Planned Initiatives

General Counsel’s Report on the Statutory Rights of University

Faculty and Students in the Unfair Labor Practice ContextMemorandum OM 17-14: Case Processing Guidelines for Cases Arising under Total Management, 364 NLRB No. 106 (Aug. 26, 2016)

Memorandum OM 17-11: Impact on Pending Cases Due to Supreme Court’s Grant of Certiorari in NLRB v. Murphy Oil USA

Memorandum GC 17-01: General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context

 “C” Case Review

Significant ULP Cases in 2016
Barry J. Kearney, Associate General Counsel – Division of Advice

Unionizing Higher Ed: A Discussion of Columbia University, St. Xavier and Seattle University

The Impact of Pacific Lutheran on Collective Bargaining at Catholic Colleges and Universities
Maryann Parker

Unionizing Higher Ed: A Discussion of Columbia University, St. Xavier, Seattle University and Other Significant Developments in Higher Education
Mark Mathison and Neil Goldsmith

An Employer’s Obligation to Bargain Discipline before a First Contract after Total Security Management

Obligation to Bargain Discipline Before a First Contract After Total Security Management
Amy L. Rosenberger

I’ve Been Through the Desert on a Horse With No Collective Bargaining Agreement: An Employer’s Obligation to Bargain Discretionary Discipline Before a First Contract After Total Security Management
Amber Rogers

Enforcement Litigation Review

Selected Court Decisions and Related NLRA Issues
John H. Ferguson, Associate General Counsel – Division of Enforcement Litigation

“R” Case Review: Discussion of Recent Issues Arising in Bargaining Unit Elections under Section 9 of the Act

A Review of Developments in NLRB: Representation Case Law during 2016
Terence Schoone-Jongen

A Conversation with the National Labor Relations Board

National Labor Relations Board FY2016 Performance and Accountability Report