As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) has indicated that it is committed to considering consequential damages as a possible make-whole remedy applicable to damages both caused by an...more
In a decision issued on June 2, the National Labor Relations Board modified the timing of its electronic notice-posting requirement in circumstances where an employer has not yet reopened its facility due to COVID-19, or...more
6/3/2022
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Electronic Communications ,
Employee Rights ,
NLRA ,
NLRB ,
Notice Requirements ,
Posting Requirements ,
Regulatory Requirements ,
Relief Measures ,
Unfair Labor Practices
On February 1, 2022, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB”) announced a new initiative encouraging NLRB Regions to seek injunctive relief under Section 10 of the National Labor Relations Act...more
On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA. ...more
12/16/2021
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions
As we have discussed previously, Congressional Democrats have been attempting to amend the National Labor Relations Act (“NLRA”) for the last few years. ...more
12/13/2021
/ Civil Monetary Penalty ,
Collective Bargaining ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
NLRA ,
NLRB ,
Proposed Legislation ,
Regulatory Agenda ,
Unfair Labor Practices ,
Unions
On November 10, 2021, the National Labor Relations Board announced that it is seeking public input to address whether the Board should award consequential damages to make employees whole for economic losses and under what...more
11/17/2021
/ Damages ,
Employer Liability Issues ,
Hiring & Firing ,
Labor Reform ,
Layoffs ,
NLRB ,
Regulatory Agenda ,
Regulatory Standards ,
Statutory Violations ,
Unfair Labor Practices ,
Wage and Hour
As we discussed here, members of the House Education and Labor Committee have been attempting to end-run the procedural hurdles that have prevented the Protect the Right to Organize Act (“PRO Act”) legislation from becoming...more
10/29/2021
/ Budget Reconciliation ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
NLRA ,
Penalties ,
Regulatory Agenda ,
Regulatory Violations ,
Rulemaking Process ,
Unfair Labor Practices ,
Unions
As we have discussed in previous posts, the Protect the Right to Organize Act (“PRO Act”), which would drastically and fundamentally change the nature and scope of the National Labor Relations Act (“NLRA”) and...more
9/10/2021
/ Budget Reconciliation ,
Federal Budget ,
Labor Reform ,
Legislative Agendas ,
Lockouts ,
NLRA ,
NLRB ,
Penalties ,
Regulatory Agenda ,
Right to Strike ,
Unfair Labor Practices ,
Union Organizers ,
Unions
In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more
5/10/2021
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Discipline ,
Duty to Bargain ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
It is an unfair labor practice for an employer to retaliate against (1) union supporters pursuant to Section 8(a)(3) of the National Labor Relations Act (the “Act”), and (2) employees for filing a complaint with the National...more
In the first known of its kind objection to an ongoing NLRB proceeding, an employer has urged the NLRB to dismiss an unfair labor charge against it, arguing that the agency is unable to prosecute the matter, in light of...more
The NLRB rang in the New Year by examining what constitutes an impression of unlawful surveillance. In Dignity Health d/b/a Mercy Gilbert Medical Center, 370 NLRB No. 67 (January 6, 2021), the Board reaffirmed helpful...more
In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it...more
12/28/2020
/ Administrative Law Judge (ALJ) ,
Anti-Harassment Policies ,
Employment Policies ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices ,
Union Leaflets ,
Union Organizers ,
Unions
On October 23, 2020, the D.C. Circuit granted Davidson Hotel Company’s petition for review of unfair labor practices resulting from its refusal to bargain with two newly-certified bargaining units, and denied the NLRB’s...more
On November 24, 2020, the Board held that a high-level executive’s tweet violated Section 8(a)(1) of the NLRA by interfering with or restraining employees’ protected, concerted activity....more
On September 11, 2020, a three-member National Labor Relations Board panel unanimously ruled that a trade group representing sign language interpreters did not violate Section 8(a)(1) of the Act by removing its members’ posts...more
On September 15, 2020, the National Labor Relations Board (the “NLRB” or “Board”) Division of Advice (“Advice”), published four Advice Memoranda addressing an array of issues ranging from COVID-19-related unilateral actions...more
9/23/2020
/ Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Health and Safety ,
Labor Relations ,
Management Rights Clauses ,
NLRA ,
NLRB ,
Separation Agreement ,
Unfair Labor Practices ,
Union Representatives ,
Unions
The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of Advice (“Advice”), the...more
8/18/2020
/ CARES Act ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Liability Issues ,
Layoffs ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices ,
Unions ,
Workplace Safety
On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices.
While a majority of the Memoranda were drafted...more
7/22/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Handbooks ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Infectious Diseases ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Protected Concerted Activity ,
Regulatory Standards ,
Section 7 ,
Unfair Labor Practices
The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace.
On June 23, 2020, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the Board...more
6/25/2020
/ Administrative Law Judge (ALJ) ,
Collective Bargaining Agreements (CBA) ,
Discipline ,
Duty to Bargain ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors...more
As we discussed, the National Labor Relations Board decided early this month that it would temporarily suspend the remedial notice-posting and emailing requirement at facilities shut down due to the COVID-19 pandemic until...more
As many states throughout the country have begun implementing phased reopening plans, so too has the NLRB begun to return to a semblance of normality. Representation elections resumed in early April, and the NLRB recently...more
The Board continues to issue decisions amidst the COVID-19 pandemic, while acknowledging that business operations around the country are far from “business as usual.” The agency is up and running. Representation elections...more
We have often reported about how an employer’s failure to adequately respond to an information request made by a union can lead to unfair labor practice charges and litigation. Sometimes a union makes an information request...more