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

Restaurant Chain Must Allow Employees to Wear Union Buttons

The National Labor Relations Board recently determined that In-N-Out Burger violated the National Labor Relations Act by maintaining and enforcing a work rule prohibiting employees from wearing any type of unauthorized...more

Court Upholds ULP Finding Against Employer Despite Union “Gamesmanship”

An employer that withdraws recognition from a union as the exclusive bargaining agent of its employees does so, as the Board and Courts say, “at its peril.” It’s a risky move, one that requires objective evidence that a union...more

Unions Winning More Elections, But Organizing Fewer New Workers

Unions won 72% of all representation elections conducted by the National Labor Relations Board in 2016, and 74% when the election involved a small unit of 49 workers or less, according to a Bloomberg BNA report based on NLRB...more

March Inevitableness? Considering the Legal Consequences of Pay to Student-Athletes

As of this writing, it has been over 850 days since UConn women’s basketball team has lost a game. When the Huskies last tasted defeat (in an overtime thriller to Stanford on November 17, 2014), football players at...more

Giving the Unions Their Dues: NLRB ALJ Finds Partial Preemption of Wisconsin Right-to-Work Law

Seyfarth Synopsis: Administrative Law Judge found that the NLRA preempts part of Wisconsin’s right-to-work law that restricts employers from deducting union dues directly from employees’ paychecks....more

March Inevitableness? Considering the Legal Consequences of Pay to Student-Athletes

As of this writing, it has been over 850 days since the UConn women’s basketball team has lost a game. When the Huskies last tasted defeat (in an overtime thriller to Stanford on November 17, 2014), football players at...more

Will The NLRB’s Protection of Unacceptable Conduct Last?

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

Is There A Women’s March On Employers? What Employers Need To Know About The ‘Day Without A Woman’ Protests

After the Women’s March on Washington earlier this year, organizers have now called for a worldwide protest to take place this Wednesday, March 8 – fittingly to take place on International Women’s Day, a day historically...more

U.S. Chamber of Commerce Report Catalogs Extensive Extreme Activity by Obama Era National Labor Relations Board

Last week, the United States Chamber of Commerce issued a report intended to provide a blueprint to the Trump administration as it looks toward formulating a labor relations agenda. “The Record of the National Labor...more

The Dissenter’s Uprising: Miscimarra to lead Republican-majority NLRB

Philip A. Miscimarra was nominated to the National Labor Relations Board by President Obama in April 2013. Mr. Miscimarra was quickly confirmed by the Senate and began his term in August 2013. Previously a management-side...more

Executive Labor Summary - January / February 2017

NEWS & ANALYSIS - Better times ahead at the NLRB, but it may take a while - For nearly eight years, the National Labor Relations Board has been in the majority control of Democratic appointees of President Obama. During...more

What Can Employers Expect from the Trump Administration in the Upcoming Year?

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more

The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship...

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more

A Step in the Right Direction

On Thursday, January 26, President Trump named Republican Phillip Miscimarra as acting Chairman of the National Labor Relations Board (the Board). Miscimarra was the sole remaining Republican on the Board, along with two...more

NLRB General Counsel Takes a Bold Stance on Student Athletes

More than a year and a half after the National Labor Relations Board (NLRB or the Board) ruled that Northwestern University’s football players could not form a union, NLRB General Counsel Richard Griffin announced his...more

Federal Legislators Tell NLRB GC Griffin to Rescind His Education Report or Step Aside

Seyfarth Synopsis: Congressional Committee Head Virginia Foxx (R-NC) and Subcommittee Chair Tim Walberg (R-MI) ask NLRB General Counsel Griffin to either immediately rescind his January 31 report regarding the purported...more

Trump Initiates Ideological Shift in Administration of EEOC and NLRB

President Donald Trump signaled an ideological shift in the U.S. Equal Employment Opportunity Commission and National Labor Relations Board, through two new appointments, during his first week in office. President Trump...more

Leveling the Playing Field: Hospital’s Nonunion Hiring Preference Not Discriminatory

Seyfarth Synopsis: The Court of Appeals for the First Circuit reversed the NLRB, holding that the Board lacked substantial evidence to find that the hospital group unfairly preferred nonunion workers when filling nonunion...more

NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students

Seyfarth Synopsis: In a last minute attempt to leave his mark on the NLRB, the Board’s outgoing General Counsel issued a report attempting to expand the rights of university faculty and students, including scholarship...more

New Acting Bosses at EEOC and NLRB: Familiar Faces Bringing Big Changes?

In the last several days, President Trump has elevated individuals to head two of the governmental agencies that shape employment law. First, Philip Miscimarra was promoted to be the acting chair of the National Labor...more

Manufacturing Law Predictions for 2017:  Labor and Employment

As has been our tradition, January is the time to predict the big developments in the coming year which will impact on manufacturers. Notwithstanding my “Lawyer’s Shrug,” here is my take on 2017....more

The Trump Card: What’s In Store for the Workplace in 2017 and Beyond?

On November 3, 2016, the National Labor Relations Board issued a Decision and Order in Trump Ruffin Commercial, LLC, finding that the Trump International Hotel, Las Vegas unlawfully refused to bargain with UNITE HERE...more

What Can the Business Community Expect from a Trump Administration

As Donald Trump’s administration takes shape, the business community stands watch expecting a business-friendly White House. Trump’s promises of fewer regulations and lower taxes have small and large businesses alike feeling...more

Labor Law 2016: A Year In Review

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

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