The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more
1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the...more
1/9/2023
/ Bargaining Units ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Budget ,
Information Technology ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
President Joe Biden signed legislation imposing a collective bargaining agreement between freight carriers and railroad unions, avoiding a nationwide strike. Congress passed the bill utilizing its authority under the Railway...more
1. The National Labor Relations Board modified its test for determining if COVID-19-related conditions warrant mail ballot union elections, potentially signaling a return to mostly in-person votes. Starbucks Corp., 371 NLRB...more
11/9/2022
/ Coronavirus/COVID-19 ,
Employee Monitoring ,
Mail-In Ballots ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Railways ,
Starbucks ,
Surveillance ,
Teamsters ,
Union Elections
Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace....more
1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher...more
9/12/2022
/ Collective Bargaining ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Legal Fees ,
NLRB ,
Reimbursements ,
Teamsters ,
Unions ,
Wage and Hour ,
Willful Misconduct
1. On Nov. 19, 2021, the House passed a version of the Build Back Better Act that would vastly expand employer liability under the National Labor Relations Act (NLRA). The bill adds aggressive “civil penalties,” on top of the...more
12/15/2021
/ Back Pay ,
Coronavirus/COVID-19 ,
Foreign Workers ,
Hiring & Firing ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Reinstatement ,
Student Athletes ,
Unfair Labor Practices ,
Unions ,
Vaccinations ,
Virus Testing
1. The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President...more
8/23/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Email Policies ,
First Amendment ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Union Organizers ,
Unions ,
USPS ,
Vaccinations ,
Virus Testing
The National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr (AGC) has announced in a memorandum that his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the...more
4/7/2021
/ Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Minimum Wage ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) provided guidance on the propriety of mail or manual ballot elections. Aspirus Keweenaw, 370 NLRB No. 45 (Nov. 9, 2020). In this case, the NLRB set forth the considerations...more
1. Thus far in 2020, unions prevailed in mail ballot elections at the same rate as in-person elections. According to an October 16 Bloomberg report, although voter participation was low, unions won seven out of 10 National...more
11/18/2020
/ 401k ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Mail-In Ballots ,
NLRA ,
NLRB ,
Office of Administrative Law Judges (OALJ) ,
State Labor Laws ,
Unions ,
Wage and Hour
The National Labor Relations Board (NLRB) has established standards for its regional directors to weigh in on whether a representation election in which COVID-19 is a concern should be conducted by mail ballot or in-person...more
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of...more
11/10/2020
/ Affordable Care Act ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Immigration ,
Joe Biden ,
NLRB ,
Sexual Stereotyping ,
STEM
1.National Labor Relations Board (NLRB) General Counsel Peter Robb has issued guidance addressing employer assistance in union organizing and decertification elections. In Memorandum GC 20-13 (Sept. 4, 2020), “Guidance...more
10/19/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Labor Laws ,
Furloughs ,
Hazard Pay ,
Interpreters ,
NLRA ,
NLRB ,
Personal Protective Equipment ,
Protests ,
Unions ,
Unpaid Leave ,
Wage and Hour
1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more
9/21/2020
/ Administrative Law Judge (ALJ) ,
Boeing ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Furloughs ,
Layoffs ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Social Media ,
State Labor Laws ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing that an unfair labor practice trial be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more
The early evidence is in, and the results are clear. National Labor Relations Board (NLRB) Regional Directors decidedly have not embraced the General Counsel’s (GC) guidelines on conducting manual ballot (in-person) elections...more
Continuing its reshaping of its election rules, policies, and procedures, the National Labor Relations Board (NLRB) has proposed two new amendments to the policies and procedures governing its elections. The changes will be...more
The National Labor Relations Board (NLRB) General Counsel (GC) has weighed in on several COVID-19-related issues under the National Labor Relations Act (NLRA).
The GC’s opinions are contained in Advice Memoranda that...more
The National Labor Relations Board Union (NLRBU), which represents the employees of the National Labor Relations Board (NLRB), wants NLRB General Counsel (GC) Peter Robb to rescind his guidelines about how to conduct...more
In an effort increase the use of the in-person or manual ballot method for conducting secret ballot elections, the National Labor Relations Board (NLRB or Board) General Counsel (GC) has issued comprehensive “suggestions” for...more
National Labor Relations Board (NLRB) General Counsel Peter Robb appears to want NLRB Regional Directors to give more consideration to holding manual, rather than mail, ballot elections than they have during the COVID-19...more
1.The National Labor Relations Board (NLRB) implemented several parts of its new election rule that were not enjoined by a federal district court judge. The new rule aims to reform the controversial Obama-era “quickie...more
1. The National Labor Relations Board (NLRB) has signaled its intention to amend its criteria for ordering mail-ballot elections, even as some regional offices are directing mail-ballot elections due to the COVID-19 pandemic....more
The Division of Judges of the National Labor Relations Board (NLRB) has announced it is going to resume holding unfair labor practice hearings beginning on June 1, 2020. The Division had postponed all hearings during May for...more