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New Labor Board General Counsel Issues Plans For Reversing Course

In a sweeping five-page Memorandum, new National Labor Relations Board General Counsel Peter B. Robb has directed NLRB Regional Offices to submit to his Division of Advice for review cases involving “significant legal...more

Top Five Labor Law Developments For October 2017

Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has ruled,...more

Robb’s Nomination As NLRB GC Approved by Senate

The U.S. Senate has confirmed Republican Peter Robb to replace Democrat Richard Griffin as National Labor Relations Board General Counsel. Griffin’s term expired on October 31, and Jennifer Abruzzo, who has served as...more

Congress One Step Closer To Restoring NLRB’s Joint Employer Standard

The U.S. House of Representatives has passed the “Save Local Business Act” (H.R. 3441), which would add a new, narrow definition of “employer” to the National Labor Relations Act (and the Fair Labor Standards Act) and which...more

The Thrill Of Victory And The Agony Of Defeat: Illinois Home Health Aides Must Sue Individually To Recoup Fair Share Fees

Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit has ruled, affirming a lower...more

Senate Committee Approves Trump’s NLRB General Counsel Nominee

A critical National Labor Relations Board nomination was approved by the Senate’s Committee on Health, Education, Labor and Pensions on October 18, 2017, according to Bloomberg BNA. Management-side labor attorney Peter Robb’s...more

Top Five Labor Law Developments For September 2017

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

Quickie Election Rules, Thumbs Up Or Down?: Board Member Kaplan Again Says No Comment

In what appears to be the second unpublished decision in which he has participated since becoming a Board Member, Member Marvin E. Kaplan once again has “expresse[d] no view with respect to whether he agrees or disagrees with...more

Supreme Court Preview: 2017-2018 Term

The U.S. Supreme Court will begin its 2017-2018 Term with no shortage of cases significant to employers and businesses. Cases to watch involve questions about employment arbitration agreements, Dodd-Frank Act’s protections of...more

Can NFL Players Be Fired, Disciplined For Protesting During National Anthem?

President Donald Trump has suggested that the National Football League’s television ratings decline was caused by “fans seeing those people (players) taking the knee when they’re playing our great national anthem.” Trump has...more

9/26/2017  /  Football , NFL , NLRA , NLRB , Protests

New Board Member Kaplan Sides With Pearce In First NLRB Decision

In what appears to be the first time he has participated in a National Labor Relations Board decision, new NLRB Member Marvin E. Kaplan, a Republican, has voted to deny an employer’s request to stay an election. He voted with...more

Discharge Of Employee Who Protested Illegal Policy By Himself Ran Afoul Of NLRA, Federal Appeals Court Rules

An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National...more

Management-Side Labor Law Attorney Peter Robb Nominated For NLRB General Counsel

As expected, Peter B. Robb has been nominated by President Donald Trump to become the National Labor Relations Board’s next General Counsel. Robb is a long-time management labor law attorney. If confirmed, Robb will succeed...more

Top Five Labor Law Developments For August 2017

Employees had no right to union representation in their employer’s peer review committee proceedings, the U.S. Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical...more

Employers Take Note: Public’s Approval Of Unions Goes Up, Gallup Reports

Apparently, reports of the demise of organized labor are greatly exaggerated. According to a Gallup poll conducted from August 2 to 6, 2017, 61% of adults answered that they approve when asked, “Do you approve or disapprove...more

Bills In Congress Would Short-Cut ‘Quickie Election Rule,’ ‘Micro-Unit’ Reversals

With the recent confirmation of Marvin Kaplan to the National Labor Relations Board, the Obama (pro-union) Board is officially transitioning into a Trump (pro-business) Board. With that, Republicans hope, will come a change...more

Top Five Labor Law Developments For July 2017

1.The U.S. Senate narrowly confirmed Marvin Kaplan to one of two vacant seats on the National Labor Relations Board on August 2, 2017. Kaplan was sworn in on August 10. Kaplan is a former counsel to the Commissioner of the...more

Breaking News: NLRB Chairman Miscimarra Declines Second Term

Reportedly citing personal reasons, National Labor Relations Board Chairman Philip Miscimarra has declined consideration for a second term on the Board. Miscimarra’s term expires on December 16, 2017, and the Board is facing...more

Management Labor Attorney Being Considered For NLRB General Counsel Nomination

Peter B. Robb, a management-side labor law attorney, reportedly is being considered to be the National Labor Relations Board’s next General Counsel. The four-year term for the current NLRB General Counsel, Democrat Richard F....more

Senate Confirms Kaplan For Vacant Board Seat, Moving NLRB Closer To Pro-Business Majority

The United States Senate has narrowly confirmed former counsel to the Commissioner of the Occupational Safety and Health Review Commission Marvin Kaplan to one of two vacant seats on the National Labor Relations Board....more

Top Five Labor Law Developments For June 2017

1.In an amicus brief filed with the U.S. Supreme Court, the U.S. Department of Justice reversed itself and argued for the legality of mandatory arbitration agreement provisions waiving employees’ rights to bring class actions...more

Change Is Coming: Management-Side Labor Attorney Emanuel Nominated To Labor Board

President Donald Trump has nominated management labor attorney William Emanuel to fill one of the two vacant seats on the five-member National Labor Relations Board. Trump previously had nominated attorney Marvin Kaplan,...more

Top Five Labor Law Developments In May 2017

1. Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB...more

A Union Has Filed A Petition To Represent Your Employees: Make A List And Check It Twice!

Several deficiencies in a voter eligibility list justified rerunning an election that the employer had won, the NLRB has held, 2-1 (Chairman Philip Miscimarra dissenting in part). RHCG Safety Corp., 365 NLRB No. 88 (June 7,...more

Federal Court Washes Away New York City’s Pro-Union Ordinance

A New York City ordinance requiring car wash companies to post a higher surety bond if they do not sign a union bargaining agreement covering their employees is invalid because it unlawfully favors unionization, and therefore...more

6/16/2017  /  Collective Bargaining , NLRA , Unions
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