David Phippen on Corporate Counsel

NLRB loosens standard for letting off-duty contractor employees engage in protected activity on third-party premises

On Friday, the National Labor Relations Board, in a 3-2 decision in Bexar County Performing Arts Center Foundation II, changed the standard applicable to property owners seeking to restrict off-duty, outside contractor...more

12/20/2022 / Corporate Counsel , NLRB , Off-Duty Employee Access , Off-Duty Employees , Property Owners , Protected Concerted Activity

NLRB returns to “micro-bargaining units” for union representation elections

On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more

12/16/2022 / Bargaining Units , Corporate Counsel , Micro-Unions , NLRA , NLRB , Specialty Healthcare , Union Organizers , Unions

NLRB expands standard remedy available for unfair labor practices

On Tuesday, the National Labor Relations Board, in a 3-2 decision, expanded the remedy available for unfair labor practices to include a make-whole remedy for "all direct or foreseeable pecuniary harms” resulting from the...more

12/15/2022 / Compensation , Corporate Counsel , Layoffs , NLRA , NLRB , Pecuniary Losses , Unfair Labor Practices , Unions

Scheduling Of Union Elections Under The New Rule: More Time, Or About The Same?

Part 1 of our analysis of the NLRB’s Final Rule on representation elections is here. Another potentially significant feature of the new regulations on union representation elections issued by the National Labor Relations...more

12/20/2019 / Corporate Counsel , Quickie Election Rules , Union Elections , Union Representatives , Unions

D.C. Circuit Decision On “Joint Employment” Standard Clarifies Little

On December 28, the majority of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit for the most part upheld an expansive “joint employment” standard adopted by the National Labor Relations...more

1/7/2019 / Browning-Ferris Industries of California Inc. , Collective Bargaining , Corporate Counsel , Employer Liability Issues , Franchises , Joint Employers , NLRA , NLRB , Unions

NLRB Invites Briefs On Question Of Employee Use Of Employer Systems For Non-Business Purposes

Employers may soon learn from the National Labor Relations Board that they once again can control their own email and other electronic communications systems. On August 1, the Board published an invitation for briefs from...more

8/6/2018 / Corporate Counsel , Email , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Purple Communications , Section 7

Proposed Rule Seeks To Finish Off Obama Administration’s “Persuader Rule” For Good

The U.S. Department of Labor has issued a Notice of Proposed Rulemaking to rescind the Obama Administration’s version of the “Persuader Rule.” The Obama Rule never actually became applicable because it was enjoined by a...more

6/15/2017 / Corporate Counsel , Department of Labor (DOL) , LMRDA , Persuader Rules , Reporting Requirements , Unions

Federal Court Refuses to Block U.S. DOL Persuader Rule but Says Rule Is Probably Invalid

In the first decision to be issued in the three lawsuits challenging the U.S. Department of Labor’s “Persuader Rule,” a federal judge in Minnesota refused the challengers’ request for a preliminary injunction. If Judge...more

6/24/2016 / Corporate Counsel , Department of Labor (DOL) , LMRDA , Persuader Rules , Unions

Better Late Than Never? DOL Sues U.S. Steel Over Injury-Reporting Policy

The U.S. Department of Labor recently filed suit against United States Steel Corporation, alleging that the company's injury-reporting policy violates §11(c) of the Occupational Safety and Health Act. The suit claims that the...more

3/2/2016 / Corporate Counsel , Department of Labor (DOL) , Enforcement , OSHA , Popular , Reporting Requirements , Section 11 , US Steel , Workplace Injury

NLRB Issues Final Rule On "Quickie Elections": What Employers Can Expect, and How to Prepare

As we alerted you last week, on Monday the National Labor Relations Board published its long-awaited final rule on so-called "quickie" or "ambush" elections. The final rule is similar, but not identical, to a prior Board...more

12/19/2014 / Ambush Election Rules , Corporate Counsel , Final Rules , NLRB , Union Elections , Unions

David Phippen

Constangy, Brooks, Smith & Prophete, LLP

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