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National Labor Relations Board Collective Bargaining

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -

Upcoming SCOTUS Term Promises To Be A Blockbuster

by Fisher Phillips on

If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

What is going on at the NLRB and Why Should You Care?

Why the NLRB is in the News - The National Labor Relations Board (NLRB or the Board), the federal agency responsible for enforcing the National Labor Relations Act (NLRA), was very active during the Obama administration in...more

NLRB Achieves Republican Majority

Over the past few months, we have written about President Trump’s efforts to fill the two vacant seats on the National Labor Relations Board (“NLRB”) with William Emmanuel, a management-side labor attorney in private...more

Student-Employee Unions: Should Universities Expect a Double U-Turn?

by Fisher Phillips on

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...more

A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

by Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

NLRB’s Attempt To Incrementally Expand Weingarten Rights Rebuffed By Federal Appeals Court

The NLRB suffered a setback this week when its interpretation of Weingarten rights was rebuffed by the D.C. Court of Appeals. This is the same court that recently declared the agency was acting more as an “advocate than...more

Grad-Student Unions One Year After Columbia University: More To Come Or A Thing Of The Past?

by Jackson Lewis P.C. on

In August 2016, the National Labor Relations Board reversed longstanding precedent and ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor...more

DOL Withdraws Guidance Letters Leaving Employers to Pick up the Pieces

On June 7, 2017, the U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s (“DOL”) guidance on independent contractors and joint employment issued during the Obama administration,...more

D.C. Circuit Provides Additional Support For Specialty Healthcare, Union-Friendly Micro-Units

by Benesch on

The U.S. Court of Appeals for the D.C. Circuit has sided with the National Labor Relations Board in affirming the union-friendly practice of “micro-unit” organizing. The D.C. Circuit’s opinion issued in Rhino v. NLRB is...more

If you can’t stand the heat, get out of the kitchen – Best Practices from Top Chef

by FordHarrison on

“If you can’t stand the heat, get out of the kitchen!” That’s essentially what a group of Teamsters told Top Chef host personality, Padma Lakshmi, back in June 2014 outside of Steel & Rye restaurant in Milton, Massachusetts....more

Epic NLRB Benchslap

by Sherman & Howard L.L.C. on

An agreement between the UFCW and the Fred Meyer grocery store chain restricted the union’s ability to visit with store employees in public view. But things went south when the UFCW declared war on Fred Meyer. Some eight...more

THE LATEST: Ninth Circuit Affirms Dismissal of Antitrust Counterclaim against Labor Union Clarifying Scope of Noerr-Pennington...

by McDermott Will & Emery on

On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International...more

Senate HELP Committee Questions NLRB Nominees on Higher Education Issues

by Hogan Lovells on

During the Obama Administration the National Labor Relations Board (“NLRB” or the “Board”) opened wider the gates of private colleges and universities to organized labor. In 2014 the Board made it easier for faculty to...more

Trump Announces Picks for National Labor Relations Board

Late last month, President Trump announced his two picks for the National Labor Relations Board (NLRB): William Emanuel, a management-side labor attorney in private practice, and Marvin Kaplan, an attorney for the...more

Novel Theory Related To Violation Of Bargaining “Ground Rules” Fails (Fortunately)

When an employer and a union sit down to bargain they often agree to ground rules for how negotiations are to be conducted. A common ground rule, for example, is for the parties to agree to address “non-economic” items before...more

DOL: "Joint Employer" and "Independent Contractor" Guidance Out and Wage and Hour Opinion Letters In

by Akerman LLP - HR Defense on

On the heels of withdrawing published interpretations of the concepts of “joint employer” and “independent contractor,” the Secretary of Labor announced this week that it will reinstate the issuance of opinion letters....more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

NLRB Rules That Employers Have a Duty to Bargain Over ACA-Mandated Group Health Benefit Changes

On May 16, 2017, the National Labor Relations Board (“NLRB”) issued a decision holding an employer has the duty to bargain with a union over changes to a group health plan even though the changes were mandated by the...more

National Labor Relations Board Finds Union Supporter’s Profanity-Laden Rant Unprotected by the National Labor Relations Act

by McGuireWoods LLP on

In a rare win for the employer, the National Labor Relations Board (the “Board”) unanimously affirmed an Administrative Law Judge’s (“ALJ”) decision that the termination of a union bargaining-committee representative for a...more

Union Adherent’s Antics Not Protected By Act, NLRB Rules

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was...more

AT&T Privacy Rule Goes Too Far Says NLRB

by McGuireWoods LLP on

Last week a National Labor Relations Board (NLRB) administrative judge ruled that AT&T Mobility interfered with employees’ labor rights with an overly broad privacy rule. The rule prohibited employees from recording any...more

SEIU Local 500 Withdraws Petition to Represent Resident Advisors at George Washington University

On May 2, 2017, SEIU Local 500 made a request to Region Five of the National Labor Relations Board (“NLRB”) to withdraw its petition to represent a bargaining unit of Resident Advisors (“RAs”) at George Washington University....more

Spending Bill Leaves NLRB Budget Unchanged From 2016, Nixes Electronic Voting

by Jackson Lewis P.C. on

The National Labor Relations Board’s wish that its budget for fiscal year 2017 be increased over its FY 2016 budget apparently will not be granted. According to Politico, at $274.2 million, Congress has left the NLRB’s...more

Federal Court: NLRB Correct That Successor Employer Must Bargain With Existing Union Under Labor Law

by Jackson Lewis P.C. on

In the first test of the National Labor Relations Board’s 2011 “successor bar” rule, the federal appeals court in Boston has upheld the NLRB’s decision that the union is protected from decertification after a change of...more

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

by FordHarrison on

In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more

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