At the end of the summer, the National Labor Relations Board (the “Board”) came down with a game-changing decision that affected fast-food chains and related companies dealing with contractors and franchisees. The decision heavily favored unions because it changed the meaning of an employer-employee relationship by including a staff contractor—a person hired to staff the parent company’s facilities—within the concept of a joint employer. Therefore, because a staff contractor is employed by the parent company, a union is legally entitled to bargain directly with the parent company, bypassing any bargaining relationship with the staff contractor at that specific facility. Previously, employees in this line of work rarely succeeded in union organizing, which, in some degree, was due primarily to their weak negotiating leverage against franchisees and staff contractors. Now, however, the Board significantly made union representation easier through an “indirect test” that establishes a greater number of bargaining relationships through an “ever-widening circle of employers.” For example, if fast-food employees at a particular restaurant choose to become unionized, this decision gives union representatives the opportunity to negotiate not just with the franchisee or contractor of that particular restaurant, but also with the corporate headquarters. For more information on this decision and how it may impact companies beyond fast-food restaurants, check out this article from The New York Times!
Tag Archive: St. John’s Law
The 17th Annual National Law Students Workers’ Rights Conference is scheduled for Friday and Saturday, October 16 and 17, 2015 at the Conference Center at the Maritime Institute, Linthicum Heights, Maryland. Each year this conference brings together law students, experts and practitioners from all over the nation to discuss workers’ rights law. The conference is sponsored by the Peggy Browning Fund a nonprofit corporation which sponsors 40 Summer Fellowships and one School-Year Fellowship for law students in a variety of nonprofit workers’ rights organizations, unions, and NLRB offices throughout the nation (Fellowship application forms are expected to be made available later this fall 2015).
At the organization’s request, the Law School must approve students’ registrations in order for them to attend the conference. Students will be selected on the basis of demonstrated interest in either workers’ rights issues or public interest law.
Step 1. Submit your resume and transcript via Symplicity job posting 341022.
Step 2. Upon receiving approval from Helena Quinn, proceed to register online at www.peggybrowningfund.org, or complete the registration form on the last two pages of this brochure and send it along with payment to the Peggy Browning Fund.
Step 3. Forward a copy of your registration confirmation to Helena Quinn at firstname.lastname@example.org.
Deadline: Monday, August 17th.
*Please do not register for the conference without approval. The Registration Fee is non-refundable.
There is no limit on the number of students that may attend from each school as long candidates have a demonstrative interest in workers’ rights issues, or public interest law, and space is available (first come, first served).
Associated Costs and Funding:
PBF may cover up to one candidates’ conference fee, lodging, and meals. Candidates that wish to be considered for possible funding must indicate so when forwarding their confirmation to Helena Quinn at email@example.com no later than Monday, August 17th.
While funding should not be expected in connection with conference attendance, the Career Development Office will explore whether limited funding is available to sponsor student attendance.
Students are responsible for the costs of attendance:
- Registration Fee (covers materials and processing) – $25
- Conference Fee (includes meals) – $225
Includes meals. Students attending only one day pay reduced rate of $125)
- Overnight Fee (includes full breakfast) – $110 per person
- Per person, per night, double occupancy. Students may request a roommate; otherwise, one will be assigned. Single rooms are available for $170 per night, paid in advance.
- Congressional Staff Briefing…….$18 for box lunch
Please Note: The actual cost per person is greater than the fees listed above; thus, PBF subsidizes every student to some extent.
Conference attendees may make arrangements to arrive early or stay longer at their own expense. This gives students a chance to schedule job interviews or other activities while in the Baltimore-Washington area.
For more information about the conference, please click HERE.
On April 16, 2015, St. John’s Center for Labor and Employment Law had its Executive Committee of the Board of Advisors dinner reception and meeting that was graciously hosted by William Wilson, President and Chief Executive Officer of Pepsi-Cola Bottling Co. of New York. The event was held at BV’s Grill in Manhattan, where Professor Gregory, Dean Simons, and Sarah Mannix ’15 made their welcoming remarks before introducing Mr. Wilson and Vanessa German ‘11 who discussed the future of labor management relations. This event was an informative and educational opportunity for students of the LRELS to engage and network with Professors and Board Members who are involved in diverse aspects of the Labor & Employment industry. It is because of the active participation from our members, alumni and friends that allow for the Labor Relations and Employment Law program to thrive at St. John’s. Thank you again to Mr. Wilson and the Pepsi-Cola Bottling Co. of New York for giving the Center for Labor and Employment Law this great opportunity to bring everyone together. The evening was a huge success and we look forward to seeing everyone again soon!
Dean Michael A. Simons, Dean and John V. Brennan Professor of Law and Ethics, and Professor David L. Gregory, the Dorothy Day Professor of Law and Executive Director of the Center, are pleased to announce the St. John’s Law students named 2015 Scholars for Excellence. They would also like to thank all of the generous alumni donations, including new endowed scholarships by Alumni Michael Borrelli, Robert Nobile, Troy Rosasco, and Isaac Torres. This year, Evan Spelfogel, a senior partner at Epstein Becker and Green, endowed a scholarship in memory of his late wife Beverly, a distinguished graduate of the St. John’s Law Class of 1984.
Congratulations to all of the students and thanks to all of their benefactors. Special thanks to the Selection Committee, including Dean Michael A. Simons, Assistant Dean Jean Arden, Ana Shields, Michael Van Aken, and David Marshall. Each of the 2015 Scholars for Excellence in Labor and Employment Law, and Junior Fellows of the Center, receives a partial tuition merit scholarship. They are:
Marlin Duro ‘17 is the John Boyd Memorial Scholar and the Research Fellow of the Boyd Law Group.
Patrick Boyd ’00, founder of the Boyd Law Group, established this scholarship (2011) and research fellowship (2014). in honor of his Grandfather.
Anthony Holesworth ’16 is the inaugural Professor David L. Gregory Scholar and Research Fellow. Mr. Holesworth is also the Co-President Elect of the Labor Relations and Employment Law Society, 2015-2016. David Marshall, Adjunct Professor and Counsel to the international law firm Locke Lord, has inaugurated this research scholarship.
Charles Lazo ‘16 is the Louis E. O’Neil Scholar. Terry O’Neil ’70, a partner at Bond, Schoeneck & King, PLLC and Adjunct Professor, inaugurated this scholarship in honor of his Father in 2012.
Matthew O’Neill ’16 is the Jackson Lewis Scholar. The scholarship was established in honor of the late Alan Becker, a partner with the firm and a mentor to the St. John’s Law graduates who founded the scholarship in 2006 in his honor: Ana Shields ‘03, Craig Roberts ‘97, and Chris Valentino’00.
Eric Barnosky ‘16 is the John Sciortino Memorial Scholar, established by Adjunct Professor Troy Rosasco.
Thomas C. Rossidis ’17 is the inaugural Richard J. and Maria Van Aken Memorial Scholar. This scholarship is established by Michael R. Van Aken ’99, Coca Cola Vice President, and Human Resources 21st Century Beverage Partnership Model, in honor of his late parents.
Arthur Rushforth ’16 is the Anthony L. Pedretti Scholar. Mark G. Pedretti ’92, a partner at Reed Smith, inaugurated this scholarship in honor of his father.
Eugene Ubawike, Jr. ’15 is the inaugural Basil Paterson ’51 Memorial Scholar.
Cynthia Lauren Vella ’16 is the Coca-Cola Scholar. Ms. Vella is also the Co-President Elect of the Labor Relations and Employment Law Society, 2015-2016. Established in 2010 by Michael R. Van Aken ’99, Coca Cola Vice President, Human Resources, this nationally prestigious scholarship is coupled with compensated summer employment in the corporate labor and human resources functions of Coca-Cola.
Robert W. Vogel ‘16 continues as the Dorothy Day Memorial Scholar. This is the Law School’s senior scholarship for excellence in labor and employment law. The scholarship was founded in 1997 by Robert J. Nobile ’84, a partner at Seyfarth Shaw.
Quinn Wetherall ’16 continues as the Monsignor Thomas J. Darby Memorial Scholar. Mr. James Darby ’84 was a staff lawyer with the office of the Chairman of the National Labor Relations Board, an advisor to the now-late Governor of Pennsylvania, and a member of the labor board of Pennsylvania prior to becoming a distinguished arbitrator and mediator. He is the nephew of the late Monsignor, an alumnus of St. John’s University.
Thank you to all of our benefactors for your generous support!
The Center for Labor and Employment joins St. John’s Law, along with many others, in mourning the passing of Cardinal Edward M. Egan, who served as an honorary chair of the CLEL. The Center was honored to host Cardinal Egan last semester, and as Professor David. L. Gregory said, “Everyone at St. John’s was privileged to hear the wise words of the Church’s greatest canon lawyer… He will be missed.”
Any student who has written about a Labor or Employment law topic should check out these upcoming writing competitions. For the rules and regulations please see the individual competitions’ websites.
The Dr. Emanuel Stein and Kenneth D. Stein Memorial Writing Competition
New York State Bar Association Labor and Employment Law Section:
Deadline: December 5, 2014
Topic: ANY L&E law topic.
Contact: Beth Gould – firstname.lastname@example.org
More Information Here
Louis Jackson National Law Student Writing Competition in Employment and Labor Law Deadline: January 20, 2015
Topic: Any topic relating to the law governing the workplace, such as employment law, labor law, employee benefits, or employment discrimination.
Contact: Professor Martin H. Malin – email@example.com
More Information Here
The College of Labor and Employment Lawyers and the American Bar Association Section of Labor and Employment Law Annual Law Student Writing Competition
Deadline: May 15, 2015
Topic: Any aspect of public or private sector labor and/or employment law relevant to the American labor and employment bar.
Contact: Susan Wan – firstname.lastname@example.org
More Information Here
Watch video of the two day event:
Click http://184.108.40.206/pages/search.php?search=!collection284&k=769ca2463b for Video from Day 2, provided by NYU.
On April 4th and April 5th, the Labor Relations and Employment Law Society co-hosted the Title VII at 50 Symposium in conjunction with with NYU Law School, The Ronald H. Brown Center for Civil Rights and Economic Development and the Journal of Civil Rights and Economic Development. For the 50th anniversary of the passing of Title VII of the Civil Rights Act of 1964, the symposium focused on how far we’ve come in the last 50 years and how far we have to go in the hopes of eliminating employment and racial discrimination altogether.
The first day was kicked off by Professor David Gregory, co-chair of the Symposium, Vice Emeritus Dean Andrew Simons and the President of the Labor Relations and Employment Law Society, May Mansour ’14. The morning panel was entitled, “The Living History of Title VII: Voices of 1964, and Passing the Torch to a New” and was moderated by Professor Cheryl L. Wade, the Dean Harold F. McNeice Professor of Law at St. John’s University. The panelists were: Paulette Brown, President Elect of the ABA, Dean Andrew Simons, and former U.S. Congressman Rev. Doctor Floyd H. Flake. Paulette Brown spoke of her ability to go to a newly integrated school because of Title VII, although the new environment was far from encouraging. Rev. Dr. Floyd H. Flake, Former U.S. Congressman and Senior Pastor for the Greater Allen A.M.E. Cathedral of New York, discussed how racial minority groups are still facing challenges they should not have to face. With graduation rates for African Americans, Latinos and Asians at 32%, 62% and 75% respectively, Rev. Dr. Flake said that these groups should be in a position today to do what they want to do in regards to their careers and to have the lifestyle they hope for. Vice Emeritus Dean Andrew Simons discussed the case New York Times Co. v. Sullivan, as well as Johnson’s address before a joint session of Congress after President John F. Kennedy where he said no eulogy would be better than the earliest possible passage of the Civil Rights bill.
Before lunch, Professor Gregory and Paulette Brown announced Ralph Carter ’14 as the winner of the Inaugural Edwards Wildman Palmer for Best Paper on Fair Employment Law 2013-14 for his paper on an employer’s use of their employee’s social media information and passwords. During lunch, Professor Janai S. Nelson, Associate Dean for Faculty Scholarship and Associate Director of The Ronald H. Brown Center for Civil Rights and Economic Development, introduced her former colleague and mentor Jacqueline A. Berrien as the keynote speaker. Ms. Berrien is the current chair of the U.S. Equal Employment Opportunity Commission (EEOC). She recounted her time as Associate Director-Counsel for the NAACP Legal Defense and Educational Fund (LDF), where she worked prior to being nominated by President Obama to be chair of the EEOC. Berrien then discussed the initiatives and actions being taken by the EEOC since her appointment to shrink the discrimination seen in the workplace through the charges of discrimination brought forth to the EEOC.
After lunch, an all-female panel presented stories of race, gender, ethnicity, and diversity as well as their roles as scholars and journalists. “Stories of Race, Gender, Ethnicity, and Diversity: The Roles of Scholars and Journalists” was moderated by Special Hagan, who kept the debate flowing and the questions coming in a fascinating panel that explored the many different facets of diversity.
Rebecca K. Lee, an Associate Professor of Law at Thomas Jefferson School of Law, discussed Fisher v. University of Texas, affirmative action and applying strict scrutiny in higher education. Kimani Paul-Emile, an Associate Professor of Law at Fordham University School of Law, explained her research of employers use of background checks and criminal records in determining whether to hire an applicant as well as if they will terminate an employee if a record is found. Kathleen Wells, a Radio Host and Multi Media Journalist, discussed research that showed that we still have a long way to go before discrimination is a thing of the past. Sahar F. Aziz, Associate Professor of Law at Texas A&M University School of Law, discussed research she conducted that shows the stereotypes facing women, in particular Muslims, and ways in which these women go about trying to remove these stereotypes. Natasha Martin, Associate Dean for Research and Faculty Development and Associate Professor of Law at Seattle University School of Law, talked about how there are still echoes of Jim Crowe laws in the workplace. Lastly, Professor Elayne E. Greenberg, Assistant Dean of Dispute Resolution Programs, Professor of Legal Practice and Director of the Hugh L. Carey Center for Dispute Resolution at St. John’s, discussed implicit biases and how those biases effect decisions made.
The last roundtable of the day discussed affirmative action through the reflections on Fisher v. University of Texas with Professor Gregory, Professor Rebecca Lee, and Professor Gregory’s research students Brendan A. Bertoli ’14, Courtney Chicvak ‘14 and Sarah Mannix ’15. Bertoli, Chicvak and Mannix discussed their research regarding the Fisher case and how it starts to show where the Supreme Court is heading in regards to Affirmative Action. In addition, Professor Lee provided a deeper analysis from her previous panel discussion into strict scrutiny. Ms. Mannix recalled her experience on the panel as ” a really excellent forum to discuss our research and findings with out practitioners and academics, and a great opportunity for discussion!”
Professor Leonard Baynes, the Ronald H. Brown Professor of Law at St. John’s and Stephanie Rainaud ’15, Symposium Editor for the Journal of Economic and Civil Rights closed out Day One.
Specials thanks to everyone who came out to the Title VII Symposium and who shared their time and experiences on this day.
The Center for Labor and Employment and the Labor Relations and Employment Law Society would like to invite any interested students or colleagues to the Title VII at 50 Symposium Conference, which takes place this week on April 4 and 5, 2014.
This program is presented in conjunction with the St. John’s Law Review, the Journal for Civil Rights and Economic Development and the St. John’s Journal of International and Comparative Law, the NYU Center for Labor and Employment Law, The Ronald H. Brown Center for Civil Rights and Economic Development, and the St. John’s Center of International and Comparative Law.
This two-day symposium commemorates Title VII and featuring panelists and speakers who will assess the past, present and future of Title VII. Please see the attached program for the events schedule and speakers.
This is an amazing learning and networking opportunity for those interested in labor or employment law, and we encourage any interested party to attend. Please feel free to distribute the program and this email to any groups you are a member of. Scholarships and prizes will be awarded at this event.
The conference is free of charge and open to all, but please RSVP to Paula Edwards at (718) 990-6653 or email@example.com.
We hope to see you in attendance at one or both days of the conference.
More Information: http://www.stjohns.edu/about/events/school-law-title-vii-50-two-day-symposium
Program – Title VII at 50 Symposium – 3-27-14
On February 19, 2014, the Center for Labor and Employment Law hosted a Distinguished Speaker Series event- A Conversation with Harry I. Johnson, III, member of the National Labor Relations Board. This
event was held in the Mattone Family Atrium, where Mr. Johnson was joined by students, alumni and friends to tell about his experience and perspective on his role at the National Labor Relations Board. Mr. Johnson was introduced by alumni and former co-presidents of the LRELS, Sean Conroy ’95 and Michael Masri ’95. Students at the event felt that this was one of the best events and most engaging speaker series that they have attended in law school. Mr. Johnson spoke about recent decisions including cases on social media and employee handbook, and the tremendous workload of cases for the agency. Law student Josephine McGrath ’15 said, “the content and presentation of the speech was fascinating and gave an inside view of the challenges that the NLRB navigates.” Dinner at Alberto’s followed the event and the students in attendance were able to speak with Mr. Johnson and other alumni guests.
The next morning, Mr. Johnson addressed Professor Gregory’s labor law class, which started with the presentation of Professor Gregory’s labor law book. Mr. Johnson taught the class before returning to his busy schedule in Washington DC. Overall, this visit was a great learning opportunity and an amazing chance for students to get an inside view of the workings of the NLRB. Thank you to Mr. Johnson and Mr. Conroy for visiting us and we hope to have you back soon!
Click through the photo gallery to view photos from the event.