Unions National Labor Relations Board

News & Analysis as of

D.C. Circuit Affirms NLRB’s Order to Employer to Reimburse All of Union's Bargaining Expenses as Remedy for Unfair Labor Practices

In HTH Corporation v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the National Labor Relations Board’s attempt to expand the remedies under the National Labor Relations Act for unfair labor practices to...more

Persuader Rule Is Enjoined, but What Does That Mean?

Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit recently opened an opinion with this sentence: “Common sense sometimes matters in resolving legal disputes.” While it is...more

Employers Will Now be Stuck with Mixed-Guard Unions

Under the National Labor Relations Act (“NLRA”), the National Labor Relations Board (“NLRB”) may not certify a union to represent a bargaining unit if the union admits into membership both guards and non-guards. (29 U.S.C....more

DOL "Persuader" Rule Requires New Financial Reports for Lawyers and Clients

The Department of Labor (“DOL”) has issued a statutory interpretation or rule regarding “persuaders” hired by employers to assist the employer in dealing with a labor union. The rule went into effect at the end of April and...more

NLRB General Counsel Orders Complaints in All Withdrawal-of-Recognition Cases

In yet another assault on long-established labor law precedent, on May 9, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin ordered the issuance of NLRB complaints in every case in which an employer...more

The NLRB Guards “Mixed-Guard” Units Against Withdrawn Recognition

Seyfarth Synopsis: In Loomis Armored US, Inc., 364 NLRB No. 23 (2016), the NLRB abandoned its long-established precedent from Wells Fargo Corp., 270 NLRB 787 (1984), and held that employers may not refuse to bargain with a...more

D.C. Circuit: Transfer of Work Not an Unfair Labor Practice

By: Kaitlyn F. Whiteside, Esq. Seyfarth Synopsis: The D.C. Circuit partly denied enforcement of the NLRB’s decision in which the Board ruled that a transfer of work constituted a change in the scope of the bargaining unit and...more

Religious Affiliation Is Not Enough – The Ever-Expanding Reach of the National Labor Relations Act

The National Labor Relations Act has been enjoying a resurgence in attention and application in recent years. From last year’s thirty page memorandum from the National Labor Relations Board’s Office of the General Counsel...more

NLRB Ambush Election Rule Withstands an Appeal

An employer-led challenge to the National Labor Relations Board’s 2015 changes to union election rules has been rejected by the 5th U.S. Circuit Court of Appeals. The rejection means that the controversial rule changes...more

In for the Long Haul as the Fifth Circuit Upholds NLRB’s “Quickie” Election Rule

Last April, the National Labor Relations Board (“Board”) implemented it’s new expedited union representation procedures. On June 10, 2016, in Associated Builders and Contrs. Of Tex v. NLRB, 15-cv-50487 2016 U.S. App. LEXIS...more

Board Outs 32-Year-Old Rule Allowing Employers to Oust Mixed-Guard Unions

For thirty-two years, it has been a settled proposition that an employer may, upon the expiration of a contract, refuse to continue to negotiate with a “mixed-guard” union that represents its security guards. Continuing its...more

An Unfair Employer Policy Roundup to Help Avoid Unfair Labor Practices

For the past few years, the National Labor Relations Board (NLRB) has been on the warpath over employer personnel policies (and in turn, we at Labor & Employment Law Perspectives have missed few opportunities to point out the...more

NLRB “Quickie Election Rule” Upheld by Fifth Circuit

On June 11, 2016, the United States Court of Appeals for the Fifth Circuit upheld the National Labor Relations Board’s (the “NLRB’s” or the “Board’s”) regulations enacted last year, radically altering the traditional rules...more

NLRB Holds That Hiring Permanent Strike Replacements Can Constitute an Unfair Labor Practice

The National Labor Relations Board (“NLRB”) and the courts have long recognized an employer’s right to hire permanent replacements for economic strikers. Permanent replacements have traditionally been viewed as an employer’s...more

NLRB’s General Counsel Makes Dramatic Move to Protect Unions from Being Ousted, Even by Employees

By Memorandum GC 16-03, issued on May 9, 2016, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Richard Griffin, instructed the NLRB’s Regional Directors to issue a complaint in any unfair labor...more

Labor Shocker: Strike Replacements Struck Down

NLRB Rejects Permanent Replacement Workers In Groundbreaking Ruling - In an unprecedented 2-1 decision, the National Labor Relations Board recently held that a California continuing care facility violated the National...more

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

NLRB Reverses Precedent on Permanent Replacements for Striking Workers

The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more

D.C. Circuit Rejects NLRB's Award of Attorneys' Fees and Expenses in Unfair Labor Practice Cases

The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on...more

Game Over, Man! Bankruptcies Trump Ongoing Obligations under Expired CBAs

On May 31, 2016, the Supreme Court denied the cert. petition of Unite Here Local 54, Atlantic City’s largest casino workers’ union, which challenged a Third Circuit decision affirming a Delaware Bankruptcy Court decision that...more

Employee Use of Company Email Systems

Many employers have policies that prohibit employees from using the company email system for personal emails. The theory is that the email system is set up and paid for by the company in order to facilitate company business,...more

NLRB Again Rejects Employer Code of Conduct Provisions Requiring Positive Coworker Relations

Last month, the National Labor Relations Board continued its rejection of employer conduct policies intended to promote harmonious and productive working relationships among employees. In T-Mobile USA, Inc., unionized...more

D.C. Circuit Puts Potential Limits on the NLRB's "Presumptively Relevant" Policy

In IronTiger Logistics, Inc. v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the NLRB’s policy of requiring employers to timely respond to union requests for “presumptively relevant”...more

Bring on the Chain Mail: NLRB Strikes Down Another Facially Neutral Email Use Policy

A National Labor Relations Board (NLRB) judge has struck down Caesar’s Entertainment Corporation’s policy that prohibited employees’ using the company email system to distribute “nonbusiness” information. Why, you ask?...more

Employment Law Alliance’s Higher Education Council Files Amicus Brief with NLRB in Graduate Workers of Columbia v. Trustees of...

A trio of law firms, representing more than a dozen firm members of the Higher Education Council of the Employment Law Alliance (ELA), have filed an amicus curiae brief with the U.S. National Labor Relations board in the...more

724 Results
|
View per page
Page: of 29
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×