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Jarad M. Lucan

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Jarad is chair of Shipman's Employment and Labor Practice Group, where he practices on behalf of both public and private sector clients.  Jarad has successfully represented employers in grievance arbitration matters, prohibited practice proceedings before the State Board of Labor Relations, and unfair labor practice proceedings before the National Labor Relations Board.  He has also represented employers in cases involving claims of discrimination and retaliation before the Commission on Human Rights and Opportunities, the Equal Employment Opportunity Commission and State and Federal Courts.

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College CampusThere have been two recent developments regarding union organizing efforts on University campuses.  At Northwestern University, a mail ballot election among adjunct faculty took place in July 2016. The Service Employees International Union challenged 25 of those ballots but the challenged ballots were not finally resolved and opened until earlier this month.  Those ballots, which represented approximately 5 percent of the total vote, were sufficient to determine the outcome of the vote.  The Labor Board reviewed the eligibility of each of the persons whose vote the Union  challenged and found that each was eligible to vote.  The Labor Board then opened the ballots and as a result, the final count led to a University victory.  The final vote was 242 to 231 against joining the Union.  Although the University prevailed, getting eligible voters to participate in the election process  continues to present a significant challenge.  In this case, there were approximately 700 eligible voters, but only about 72 percent of them cast votes in the election. In any organizing drive, it is imperative to get eligible voters to vote, particularly those who are apathetic, as they tend to resist change and are not supportive of having to pay a union.  Colleges and universities, therefore, must consider the best ways, through actions and words, to inspire voting. 
Continue Reading Recent Unionizing Developments on Campus

Join Shipman & Goodwin labor and employment attorneys Daniel Schwartz, Jarad Lucan and Ashley Marshall for this complimentary CLE webinar where they will explore…
Continue Reading Webinar: Are You at Risk? An In-Depth Look at Workplace Sexual Harassment Prevention and Company Culture

Don’t wait until it’s too late. There are steps you can take now to protect you and your business from costly litigation. The programs outlined…
Continue Reading Register Now for Sexual Harassment Prevention Training – 2018 Schedule

Two years ago we reported on the case before the National Labor Relations Board (the “Board”) related to the Northwestern University’s scholarship football players seeking the right to unionize.  The Regional Director in that case determined that the players were employees under the National Labor Relations Act (the “NLRA”) and therefore could vote to be represented by a Union in connections with negotiating terms and conditions of employment with the University.  Ultimately, the Board refused to exercise jurisdiction over the players  and therefore left open whether they are employees under the NLRA or not.  At the time we reported on the case,  we discussed some of the impacts of the decision beyond the ability of players to unionize, including that the Board may scrutinize the University’s policies to see if those policies complied with the NLRA.  More specifically, whether the policies were written in a way that would either expressly or implicitly prevent the players from engaging in protected concerted activity.   Apparently, someone did challenge the “Football Handbook” and on September 22, 2016, The Board’s Office for the General Counsel issued an advice memorandum related to that charge advising against the issuance of a complaint.
Continue Reading Student Teaching Assistant Handbooks Unlawful? Maybe.

ProtectedSpeechImageIs a non-union employee who speaks out about employment matters protected by the National Labor Relations Act?  If so, under what circumstances?  That question is critically important because if the employee is protected and is fired, the employer may have to reinstate him, pay back pay, and post a notice that the employer violated employee rights.

The answers are not so simple.  Was the employee griping to management about work?  Did he take any action to mobilize employees to support him?  Was he seeking to induce group or collective action?

A recent Third Circuit appeals court addressed this situation.  A computer engineer went to lunch with his boss and three co-workers to build team spirit, as the company was aware that it was understaffed and wanted to bolster morale.  During lunch the computer engineer complained that there were too few engineers to do all the work and that the company should have hired more engineers rather than a $400,000 per year executive, whom he named.  Two employees at the lunch agreed.Continue Reading The Complaint Over Lunch With the Boss As Protected Activity