Recent NLRB Invitations For Briefs Forecast Changes In NLRB Precedents

When considering the issuance of decisions that overturn significant existing precedent or that otherwise might significantly affect the workplace, the National Labor Relations Board (NLRB) frequently will invite the submission of briefs from interested parties. Over the past two weeks, the NLRB has issued three such invitations for the submission of briefs in cases before it. These cases will decide:

1. If employees have a right to use their employers' email systems for collective and union activity;
2. Whether certain college athletes and other college students constitute "employees" under the National Labor Relations Act and, therefore, are entitled to unionize; and
3. How to determine whether a company is considered a joint employer under the Act.