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NLRB Continues To Ask Whether Voters Were Potentially Disenfranchised When Polls Not Timely Opened

The National Labor Relations Board has reaffirmed it will apply a “potential-disenfranchisement” test, not an “actual-disenfranchisement” test, in determining whether employees were affected by a late opening of the polls at...more

Employers Take Note: Labor Board Poised To Reverse Additional Obama-Era Work Rule Interpretations

The National Labor Relations Board has taken another giant step toward repudiating the Obama-era Board’s highly restrictive interpretations of work rules, set forth in Lutheran Heritage-Livonia, 343 NLRB 646 (2004). In...more

NLRB Joint Employer Decision At Risk?

The Board overturned Browning-Ferris Industries, 362 NLRB No. 186 (2015), in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Dec. 14, 2017), and returned to the more employer-friendly principles governing...more

GC Robb’s Proposed Structural Changes To NLRB Draw Fire

NLRB General Counsel Peter Robb’s reported comments on a January 11, 2018, conference call about his proposed changes to how the NLRB operates has stoked resistance from NLRB career staff and others. Robb reportedly plans to...more

Kentucky’s Right-To-Work Law Survives Challenge

Kentucky’s right-to-work law has survived a challenge by the AFL-CIO and Teamsters union. The Kentucky legislation passed in the first week of the 2017 legislative session, making the Bluegrass State the 27th to adopt...more

NLRB Reverses Course, Permits Employer Unilateral Changes

The National Labor Relations Board has restored the right of unionized employers to implement changes that are consistent with past practice (as long as the change does not materially vary in kind or degree from past...more

Union Membership Rates Remain Low – And AFL-CIO Claims Victories

Despite the National Labor Relations Board’s “quickie election” rule, the percentage of unionized workers in the private sector remained essentially stable 2017, according to the Bureau of Labor Statistics of the U.S....more

2/1/2018  /  DOL , NLRB , Quickie Election Rules , Unions

NLRB Extends Time For Filing Responses To “Quickie Election” Request For Information

The National Labor Relations Board has extended the time for filing responses to its request for information regarding its 2014 election rule. The new date for submissions is Monday, March 19, 2018. In that request for...more

NLRB General Counsel Signals Important Changes At NLRB

National Labor Relations Board General Counsel Peter Robb continues to outline his plans for change at the NLRB. First came his sweeping five-page Memorandum directing NLRB Regional Offices to submit to his Division of...more

Missouri To Vote On State’s Right-To-Work Law

When Missouri Republican Governor Eric Greitens signed “right-to-work” legislation into law on February 6, 2017, the Show-Me State was on the way to becoming the 28th state to prohibit unions and employers from requiring any...more

Most NLRB Personnel On Furlough Until Appropriations Bill Signed Into Law

Bloomberg BNA reports that 99.4 percent of the National Labor Relations Board’s employees (1,426 out of 1,435) are furloughed beginning January 22, 2018, according to the Board’s contingency plan. If your organization has...more

Management-Side Attorney John Ring Selected For Seat On Labor Board

President Donald Trump has nominated John Ring, a Washington, D.C.-based management-side labor and employment lawyer, to fill the vacant seat on the five-member National Labor Relations Board. If confirmed, Ring would replace...more

Top Five Labor Law Developments For December 2017

1.In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14, 2017), the National Labor Relations Board overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015), an Obama-era decision that held two entities are joint...more

Labor Board Sets New Standard For Determining Lawfulness Of Facially Neutral Workplace Rules

The National Labor Relations Board has established a new test for evaluating the lawfulness of an employer’s facially neutral workplace policies and rules. Among the most consequential of the Board’s recent bombshell NLRB...more

New NLRB GC Opens Door To Possible Widespread Bargaining Unit Changes

The National Labor Relations Board General Counsel’s Division of Operations Management has issued a sweeping Memorandum to Regional Offices setting forth a variety of circumstances under which those offices should process...more

Labor Board Returns To Pre-2015 Joint Employer Standard

In Hy-Brand Industrial Contractors Ltd., 365 No. 156 (Dec. 14, 2017), the National Labor Relations Board overturned its standard for determining joint employer status under the National Labor Relations Act established in...more

Kaplan Named Acting Chair Of Labor Board

President Donald Trump has named new National Labor Relations Board Member Marvin E. Kaplan Acting Chairman. Kaplan was sworn in as a Board Member on August 10, 2017, for a term ending on August 27, 2020. ...more

Top Five Labor Law Developments For November 2017

1. John Ring, a management-side labor and employment attorney, reportedly is undergoing background checks to become President Donald Trump’s nominee to fill the seat on the National Labor Relations Board that Chairman Philip...more

Unwrapping Late Year NLRB Decisions – Next Steps For Your Organization To Consider

Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more

Board Overrules Specialty Healthcare

In a stunning development, the National Labor Relations Board has overruled Specialty Healthcare, the so-called “micro-unit” decision and replaced the “overwhelming community-of-interest” standard adopted there with the...more

Trump Board Overrules Workplace Rules Analysis

In a stunning development, the National Labor Relations Board has decided that when determining the legality of a facially neutral rule under the National Labor Relations Act, it will consider (i) the nature and extent of the...more

NLRB Overrules Browning-Ferris Joint Employer Standard, Reinstates Former Test

The National Labor Relations Board has overruled, 3-2, Browning-Ferris Industries, 362 NLRB No. 186 (2015) and returned to the pre–Browning Ferris standard that governed joint-employer liability. Hy-Brand Industrial...more

Hold On! — Democratic Senators Challenge New Labor Board GC’s Plans

Senator Patty Murray (D-Wash.), Ranking Member, Committee on Health, Education, Labor and Pensions, and Senator Elizabeth Warren (D-Mass.) have written to new NLRB General Counsel Peter B. Robb “to express serious concerns...more

12/14/2017  /  NLRA , NLRB , NLRB General Counsel , Unions

Labor Board Asks: Retain, Modify, Or Rescind ‘Quickie Election’ Rules?

A Request for Information regarding the “Quickie Election” representation regulations (at 29 CFR parts 101 and 102) will be published on December 13, 2017, the National Labor Relations Board has announced. The RFI will seek...more

Misclassification Of Independent Contractor Is Violation Of NLRA, ALJ Rules

The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). ALJ...more

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