National Labor Relations Board Unions

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 -
News & Analysis as of

NLRB Continues to Make Things Easier for Organized Labor

As we reach the end of 2015, recent statistics released by the National Labor Relations Board (NLRB) confirm that it is no longer a level playing field for employers who wish to remain union-free. The "quickie" representation...more

The mountain that is Specialty Healthcare: Volkswagen case typifies employers’ steep climb in NLRB unit determination cases

In its 2011 Specialty Healthcare decision, the National Labor Relations Board revised the test it applies in determining whether a union’s petitioned-for unit is appropriate. In Specialty Healthcare, the NLRB explained that...more

SuperVision Today - November 2015

Notes from the Chair and Executive Editor - Welcome to the fourth quarter edition of SuperVision Today, Spilman's labor and employment law e-newsletter. With the calendars getting ready to roll over to 2016, the New Year...more

Labor Strikes Back: The New NLRB Initiatives

While private sector union representation has been declining for decades, the last few years have ushered in a resurgence of union initiatives. Importantly, these efforts have been fueled by a labor friendly National Labor...more

Postcards from the R-Case Edge: Insights into Supervisory Status Issues in a Proposed Unit

Since the new “ambush” election rules went into effect on April 14, 2015, there have been over 1,000 petitions for elections filed with the National Labor Relations Board (NLRB). Approximately 60 of those petitions have led...more

D.C. Circuit Upholds NLRB's Continued Targeting of Workplace Rules

The National Labor Relations Board (NLRB or the Board) has continued its trend of subjecting employer work rules to scrutiny as to whether they unlawfully restrict workers' rights to form or join labor organizations, bargain...more

Company’s use of GPS to track employee did not violate collective bargaining agreement

On November 2, 2015, the National Labor Relations Board (NLRB) released an advisory letter stating that Shore Point Distribution Co. (Shore Point), an alcoholic beverage distributor in New Jersey, did not violate labor laws...more

NLRB Hands Employers a Win (Seriously!): GPS Tracking of Employee Upheld

It is no surprise that the National Labor Relations Board (NLRB) has been busy this summer establishing several principles that are frightening to employers. But in an unexpected turn of events, the NLRB Office of the General...more

Conflict of interest policy unlawful for stifling labor rights

In March of this year, General Counsel of the National Labor Relations Board (NLRB) issued a memo on employee handbooks and the legality of certain types of employer rules. The memo highlighted some recent cases and stressed...more

Will Your Workers Go On Strike On November 10? What You Need To Know

Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible...more

NLRB to Reconsider Whether Graduate Teaching Assistants at Private Universities Can Unionize

Last week, the National Labor Relations Board (the “Board”) voted 3-1 to reconsider its decision in Brown University, 342 NLRB 483 (2004) that graduate teaching and research assistants are not employees under the National...more

The NLRB Confuses with Ruling on Successorship Doctrine in Cases Where Worker Retention Laws Apply

When one company acquires another company with a unionized workforce, some key questions almost inevitably emerge: will the acquiring company be bound by the acquired company’s collective bargaining obligations and union...more

Second Circuit Sides With NLRB In Facebook Dispute

As employees continue to flock to social media in droves, employers have been craving additional guidance about how, if at all, they can regulate work-related posts. While it is no secret that employees in unionized and...more

Five Recent Developments in Labor and Employment Law That Health Care Employers Need to Know

Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more

NLRB's Marina Del Rey Decision Provides a Primer On Keeping Employees Out of the Workplace After Hours

In the day and age when employees are working longer hours than ever, would an employer want to ban employees from workplace premises after their shift is over? Marina Del Rey Hospital did, and implemented a policy...more

NLRB Election Rules Update: Employers must exercise due diligence in searching for and disclosing “available” voter contact...

In April of this year, the National Labor Relations Board’s new expedited election rules went into effect. Under the new rules, employers are required to provide unions with “available” personal e-mail addresses and personal...more

"Successor Bar" Prevents Service Provider's Employees from Repudiating Union

The National Labor Relations Board's recent decision in Lily Transportation Corp., 363 NLRB No. 15, highlights the potential impact of a finding that a follow-on service provider is a "successor" to a prior provider....more

NLRB Poised to Reconsider Brown After Granting Review of UAW’s Petition to Organize Graduate Students at The New School

In what some are characterizing as a final effort to shape the landscape of unionization at private colleges and universities during the Obama administration, the NLRB granted the United Auto Workers’ request to review an...more

NLRB Issues Union Friendly Decision Regarding Applicability of Quickie Rules: When 94% Just Ain’t Enough

With that the NLRB’s quickie election rules going into effect in April 2015, we are just now starting to see the Board decide cases applying the new rules. In Danbury Hospital, Case 01-RC-153086, the Regional Director...more

Tricks or Treats: Human Resources Challenges Ahead

Halloween is traditionally a time for “trick or treating.” For human resource professionals, many days can be Halloween-like, filled with unexpected events or career rewards. Recently, dozens of HR professionals participated...more

Federal Labor Officials Step Into the Lion’s Den

Two top federal labor officials engaged in a spirited dialog with two franchise lawyer moderators at the American Bar Association’s annual Forum on Franchising in New Orleans on October 16.  The topic: whether the National...more

Employer Strikes Out; Facebook Likes Protected by NLRA, Says Second Circuit

On Friday, at my firm’s annual Labor & Employment Law seminar, I’ll be talking about the NLRB and Employee Handbooks with my colleague, Chris Engler. Among the topics we had planned to discuss was the ongoing Triple Play...more

Strategies to Cope with New NLRB Joint Employer Ruling

On August 27, 2015 the NLRB expanded its joint-employer test, which union supporters hope will apply to franchising. See January 2015 blog entry for background. In a 3-2 decision on partisan lines, the...more

How Not to Fire a Union Organizer

The best reminders often come from the most obvious situations. In a case decided by the Eleventh Circuit Court of Appeals on October 13, the employer laid down a clear path to remind employers what not to do. Allied...more

NLRB Regional Director Finds that Employer Failed to Substantially Comply with New Requirement to Provide “Available” Personal...

After the NLRB’s expedited election rules went into effect last April, the extent to which an employer faced with a union representation petition must search for and provide voters’ personal email addresses and cell phone...more

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