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Don’t Let the Pendulum Hit You as it Swings: NLRB General Counsel Previews a Pro-Labor Agenda

With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several...more

Back To The Future, Part Four: The Possible Reinstatement Of Obama-Board Rules

The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth...more

Back To The Future, Part Three: The Possible Reinstatement Of Obama-Board Rules

Once again, the National Labor Relations Board’s sole Democrat, Chairman McFerran, has issued a dissent that sheds light on how a Biden-Board likely will reverse precedent established by the Trump-Board. This update is our...more

4/30/2021  /  Employee Rights , NLRA , NLRB , Section 7 , Unions

McFerran Dissent Portends a Change in NLRB’s View of Confidentiality Provisions in Arbitration Agreements

As the National Labor Relations Board transitions from a Republican-majority to a Democrat-majority, the Board’s sole Democrat, Chairman McFerran, continues to provide a window into what the future is likely to look like...more

McFerran Dissent Portends a Change in NLRB’s View of Confidentiality Provisions in Arbitration Agreements

As the National Labor Relations Board transitions from a Republican-majority to a Democrat-majority, the Board’s sole Democrat, Chairman McFerran, continues to provide a window into what the future is likely to look like...more

Updated: NLRB Issues Final Rule Eliminating The Worst Of The Old Quickie Election Rules

UPDATE: The new rule published in the Federal Register on December 18, 2019 was to take effect on April 16, 2020, but that effective date has been moved back to June 1. 2020 by the NLRB....more

NLRB Issues Final Rule Eliminating The Worst Of The Old Quickie Election Rules

Seyfarth Synopsis: On December 13, 2019, the National Labor Relations Board (“Board”) announced the final rule amending the procedures used for elections to determine whether employees desire to be represented by a labor...more

NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students

Seyfarth Synopsis: In a last minute attempt to leave his mark on the NLRB, the Board’s outgoing General Counsel issued a report attempting to expand the rights of university faculty and students, including scholarship...more

Back to School: NLRB Takes Aim at Colleges and Universities

Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

Graduate Students or Employees? NLRB to Weigh In (Again)

Last week the National Labor Relations Board decided to reconsider whether graduate teaching assistants at private universities should be treated as employees under the National Labor Relations Act. The case, The New School,...more

Dislike Employees’ Facebook “Likes”? Fire Away at Your Own Risk

On October 21, 2015, the Second Circuit Court of Appeals upheld the ruling of the National Labor Relations Board (“Board”) decision in Triple Play Sports Bar and Grill, 361 NLRB No. 31 (2014). The employer, Triple Play, had...more

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