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

Election 2016: Three Employment Law Debate Questions for Hillary Clinton

Yesterday, I offered up three questions for moderators to use during the Presidential Debates to question Donald Trump on employment law issues. Today is Secretary Hillary Clinton’s turn....more

NLRB Benchslap: Enabling Racism/Sexism

One highly-respected federal appeals court judge recently called the NLRB out for its history of condoning strike behavior that is racist and sexist. In Consolidated Communications, Inc. v. NLRB, No. 14-1135 (D.C. Cir....more

NLRB Decides Charter Schools Are Private Corporations Despite Public Influence

In two separate cases decided on August 24, 2016, a divided National Labor Relations Board concluded that charter schools in Pennsylvania and New York are not political subdivisions within the meaning of Section 2(2) of the...more

NLRB Signs Off On Narrow Confidentiality Provision for Employee Reinstatement Agreements

In the recent case of S. Freeman & Sons, Inc., the National Labor Relations Board confronted the question of “whether an employer can require an employee to keep confidential the terms of a settlement agreement in exchange...more

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

Seyfarth Synopsis: A new NLRB decision that attempts to define further the boundaries of protected speech under the NLRA. In Laborers’ International Union of North America and Mantell, Case No. 03-CB-136940 (NLRB...more

NLRB Again Imposes Duty to Bargain Over Discipline Even Before Agreement on a Contract

On August 26, 2016, the National Labor Relations Board issued a decision in Total Security Management Illinois 1, LLC, in which it held that an employer who is engaged in negotiations for an initial collective bargaining...more

So Much for Management Rights Clauses — The Board Strikes Again

Seyfarth Synopsis: In Graymont PA, Inc. the Board majority ruled that a unionized employer cannot unilaterally change rules or policies that affect bargaining unit employees even if its collective bargaining agreement...more

Could the NLRB Make it Easier for Unions to Access Employers’ Financial Records?

Many practitioners at one time or another have been frustrated by the lack of clear and consistent guidance from the National Labor Relations Board (“NLRB” or the “Board”) regarding union requests for employer financial...more

NLRB Scrutinizes Employer Motivation in Hiring Replacement Workers During Strike

Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...more

Recent NLRB Decisions Affect Private Education

With summer over and school back in session, two recent National Labor Relations Board (“NLRB”) decisions affecting the education industry ensure that students aren’t the only ones with homework to do this fall. On...more

Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam...more

Tilting the Battlefield: NLRB Makes It Easier For Unions To Challenge Use Of Permanent Replacements

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more

WTF, NLRB? (WTF = “Where’s The Fairness?”)

In yet another blow to employers, a National Labor Relations Board Administrative Law Judge recently upheld the right of employees who regularly work with customers to wear offensive union buttons prominently displaying the...more

Board Ties Judges’ Hands In Settling Cases Directly

Seyfarth Synopsis: Overturning 25 years of precedent, the NLRB rules that an ALJ may only enter an order approving and incorporating settlement terms proposed by a respondent over the objections of the General Counsel and...more

Labor Day Wouldn’t Be Labor Day Without New NLRB Decisions

The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued.  This year is no different, and perhaps more are being issued during these last few days because...more

NLRB General Counsel Seeks To Regulate and Target Employers with Independent Contractors

Seyfarth Synopsis: NLRB General Counsel releases an Advice Memorandum finding that the misclassification of independent contractors amounts to a standalone violation of Section 8(a)(1) of the NLRA....more

NLRB Considers Graduate Students “Employees” and Permits Union Organizing

The National Labor Relations Board (“NLRB”) reversed long-standing precedent in a recent decision involving graduate students, expanding the numbers of employees that may organize into unions. In Columbia University, the ...more

NLRB Raises Price of College Tuition

In yet another reversal of precedent, the National Labor Relations Board has ruled that students who perform work for a university for which they are compensated can form and join labor unions under the National Labor...more

National Labor Relations Board Grants Student Assistants the Right to Unionize at Private Colleges and Universities

In a setback to private colleges and universities, the National Labor Relations Board ruled on August 23, 2016 that student assistants have unionization and collective bargaining rights under the National Labor Relations Act....more

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor...more

When and Where Can the "Line" Be Drawn? NLRB Considers When Off-Duty Employees May Picket a Hospital Employer

The National Labor Relations Board (the “Board”) recently addressed hospital employers’ ability to prohibit picketing by off-duty employees on their own premises. Although the Board concluded that a hospital employer may...more

Employment Law Navigator – Week in Review: August 2016 #5

Last week, we were reminded of the impact of the Department of Labor’s Wage and Hour Division enforcement activities. The agency announced that National Freight, Inc. will pay more than $1,000,000 in back wages to 359 workers...more

NLRB Enforces Ambush Election Rules…..Then Finds Way Around Them

There has been a lot of hype about the so-called NLRB ambush election rules.  These are, of course, the NLRB’s take on fixing what it deemed a broken secret ballot election scheme, one allegedly marred by employers gaming the...more

NLRB issues two key decisions affecting higher ed

On August 23, the National Labor Relations Board issued several decisions affecting unionization rights at private universities. In the first of these, Columbia University, the Board held that graduate and undergraduate...more

NLRB: Graduate, Undergraduate Teaching Assistants Are Employees Under NLRA

The National Labor Relations Board (NLRB or the Board) on Aug. 23, 2016, issued a 3-to-1 decision concluding that graduate and undergraduate teaching assistants at Columbia University are employees under the National Labor...more

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