Tag Archives: outsourcing

Fifth Circuit: Outsourcing Violated the NLRA – Employment Law This Week

Featured on Employment Law This Week:  The U.S. Court of Appeals for the Fifth Circuit backs the National Labor Relations Board (NLRB) in an outsourcing dispute.

The NLRB found that a management company violated the National Labor Relations Act when it outsourced the cleaning staff of a hotel that it managed. The NLRB found evidence that the outsourcing decision was related to the worker’s interest in union representation. The NLRB rejected the company’s argument that the decision was due to declining guest satisfaction, concluding that the decision was at least, in part, motivated by anti-union animus. The Fifth Circuit has now rejected an appeal by the company, noting that the court was obligated to pay “special deference” to the NLRB’s credibility findings in cases with conflicting evidence, like this one.

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Fifth Circuit Pays Special Deference to NLRB’s Determination that Hotel Management Company Acted with Anti-Union Animus in Outsourcing Housekeeping Department

Fifth Circuit Pays Special Deference to NLRB’s Determination that Hotel Management Company Acted With Anti-Union Animus In Outsourcing Housekeeping DepartmentA recent decision of the U.S. Court of Appeals for the Fifth Circuit illustrates the potential pitfalls of outsourcing in the face of a union campaign, as well as the steep hurdle employers face in overturning a decision of the National Labor Relations Board (“NLRB”). In Remington Lodging & Hospitality, LLC v. NLRB, the Fifth Circuit enforced an NLRB order holding that a hotel management company’s decision to outsource the hotel’s housekeeping department was motivated at least in part by anti-union animus and therefore violated Section 8(a)(3) of the National Labor Relations Act (“the Act”).

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ILN Webinar Series – Contract Lawyers & Outsourcing Part III

Today, we’re wrapping up our last post from Tim Corcoran’s webinar series on the business of law! Check out part I and part II of the Contract Lawyers and Outsourcing session.

In speaking about outsourcing, Kevin commented that he feels like he’s overstating the point on a lot of these things, because he’s been involved in this arena for so long. He added that evaluating a company to handle outsourcing is like evaluating any business partner – think about the challenges of hiring a third party that you’ve never worked with before, to work on something that might end up in your clients’ hands. 

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ILN Webinar Series – Contract Lawyers & Outsourcing Part II

Yesterday, we began our recap of the Contract Lawyers & Outsourcing webinar with Tim Corcoran and Kevin Colangelo. Today, we continue the discussion.

Who is Doing this Successfully, and How?

Tim said that one of the challenges he’s heard from law firms about outsourcing is that their work is unique, their firm is unique, and as such, their work is hard to routinize and find a common way to deliver the services. So he asked Kevin to comment on how others who have done this have found that there are practices that can be improved through this approach – and not just the low-end, simple document reviews, but some high end work as well. 

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ILN Webinar Series – Contract Lawyers & Outsourcing Part I

Last week, we had the final session in our Business of Law Series, on the topic of contract lawyers and outsourcing. This time, Tim Corcoran brought in a co-presenter, Kevin Colangelo of Yuson & Irvine.

Tim began with a few minutes to recap some of the topics we’d discussed in the first two webinars, so that the audience could understand the main drivers behind these changes.  For those full recaps, please take a look at Legal Project Management Part I and Part II and Alternative Fee Arrangements Part I and Part II

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Outsourcing makes employment relationships more complex

A greater use of outsourcing across the public and private sector means that employment relationships are set to become more complex, Acas has claimed.

The significant growth in organisational restructuring and the use of outsourcing means that businesses will have to get used to managing groups of employees with different terms and conditions. Moreover, those employers further down the subcontracting chain are likely to have less control over the terms and conditions of their direct employees.

Outsourcing can and does impact on job security, contractual terms and conditions, equality, job satisfaction, new skill requirements, HR practices, employee voice and the role of trade unions. And HR itself has been the subject of outsourcing meaning relationships with line managers and the workforce will become more arms length. 

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