The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more
9/1/2023
/ Administrative Law Judge (ALJ) ,
Cemex ,
Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Section 7 ,
Unfair Labor Practices ,
Union Elections ,
Unions
The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more
8/17/2023
/ Boeing ,
Burden of Proof ,
Chilling Effect ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Interference Claims ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unions
On Tuesday, the National Labor Relations Board issued yet another decision reversing precedent established by the Trump-era Board in 2020. In McLaren Macomb, the three-member Democratic majority decided that employers may not...more
On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more
On Tuesday, the National Labor Relations Board, in a 3-2 decision, expanded the remedy available for unfair labor practices to include a make-whole remedy for "all direct or foreseeable pecuniary harms” resulting from the...more
The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more
12/7/2022
/ Department of Labor (DOL) ,
Federal Register ,
Joint Employers ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Proposed Rules ,
Unfair Labor Practices ,
Union Elections ,
Unions
President Joe Biden issued an Executive Order on Monday establishing a task force whose stated purpose will be to recommend ways that existing laws and policies may be used to promote “worker power” -- in other words,...more
Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable...more
1/21/2021
/ ABC Test ,
Biden Administration ,
Boycotts ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Multi-Employer Pensions ,
NLRA ,
NLRB ,
Persuader Rules ,
Quickie Election Rules ,
Taft-Hartley Act ,
Trump Administration ,
Unfair Labor Practices ,
Unions
On June 23, the National Labor Relations Board issued a decision in Care One at New Milford, finding that employers have no statutory obligation to bargain before instituting discretionary employee discipline that is...more
The National Labor Relations Board has announced that it will move forward with parts of its new election regulations that were not blocked by a May 30 order from a federal judge in the District of Columbia.
The election...more
Part 1 of our analysis of the NLRB’s Final Rule on representation elections is here.
Another potentially significant feature of the new regulations on union representation elections issued by the National Labor Relations...more
Last Friday, the National Labor Relations Board announced a change to representation case procedures as part of an early holiday gift for employers. Generally, the changes extend deadlines for parties involved in R-cases,...more
On Friday, the National Labor Relations Board issued notice of the first stage of newly proposed representation case regulations, which were published this morning in the Federal Register. The Republican Board majority...more
On December 28, the majority of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit for the most part upheld an expansive “joint employment” standard adopted by the National Labor Relations...more
More leisure time to talk about quickie elections.
The National Labor Relations Board announced today that it is again extending the time for interested parties to respond to its December 14, 2017, Request for Information...more
News & Analysis-
Leadoff memorandum of new NLRB General Counsel Robb draws immediate fire from Democrats
NLRB Republican majority goes to work and asks for comment on the so-called “quickie election” rule
Miscimarra is...more
NEWS & ANALYSIS -
Trump nominations on track to fill open seats on the NLRB - After a slow start, President Trump is taking the steps to fill more slots at various agencies, including the National Labor Relations Board. On...more
6/29/2017
/ Arbitration Agreements ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Minimum Wage ,
NLRA ,
NLRB ,
Protected Activity ,
Trump Administration ,
Unions ,
Wage and Hour ,
Wrongful Termination
The U.S. Department of Labor has issued a Notice of Proposed Rulemaking to rescind the Obama Administration’s version of the “Persuader Rule.” The Obama Rule never actually became applicable because it was enjoined by a...more
The Trump Administration has begun the process to rescind the “2016 Persuader Rule,” one of the most contentious employment-related regulations issued during the Obama Administration. Earlier this week, the U.S. Department of...more
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
The U.S. Department of Labor’s narrow interpretation of the “advice exemption” of the “Persuader Rule” appears to be no more. Yesterday a federal judge in Lubbock, Texas, issued a permanent injunction prohibiting enforcement...more
In the first decision to be issued in the three lawsuits challenging the U.S. Department of Labor’s “Persuader Rule,” a federal judge in Minnesota refused the challengers’ request for a preliminary injunction. If Judge...more
As we have previously reported, the U.S. Department of Labor on March 24 issued regulations that adopt a new interpretation of the "persuader" reporting requirements under the Labor Management Reporting and Disclosure Act. If...more
NEWS & ANALYSIS -
DOL’s “Persuader Rule”: Fight on! – As we have previously reported, the U.S. Department of Labor on March 24 issued new regulations that adopt a new interpretation of the "persuader" reporting...more
I recently speculated that the death of Justice Antonin Scalia might result in a 4-4 split in Friedrichs v. California, a case in which non-union public school teachers in California contended that they should not be required...more