As we previously reported in April 2022, the National Labor Relations Board (“NLRB” or “Board”) General Counsel, Jennifer Abruzzo, asked the Board to revive the Joy Silk doctrine (which was rejected in 1969) and require...more
A divided three-judge panel of the D.C. Circuit Court of Appeals partially affirmed a federal district court’s decision to vacate part of a rule issued by the National Labor Relations Board (the “Board”) in 2019 that...more
Since the onset of the COVID-19 pandemic, mail-ballot elections—rather than manual, in-person elections, have been mandatory for most NLRB representation elections. The NLRB’s recent ruling, on June 9, 2021, in Professional...more
Though the National Labor Relations Board has established a pathway for holding in-person union elections, mail-ballot elections continue to be the norm in many Regions across the country. Of course, the more mail-ballot...more
As employers faced with a representation petition filed during the COVID-19 pandemic can attest, Regional Directors of the National Labor Relations Board have been incredibly reticent to hold in-person elections. Indeed,...more
11/11/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Labor Regulations ,
Labor Relations ,
Mail-In Ballots ,
NLRA ,
NLRB ,
Social Distancing ,
Union Elections ,
Unions
The National Labor Relations Board recently cancelled a union election at a Las Vegas casino that suspended its operations and laid off employees amid the COVID-19 pandemic. In NP Texas LLC d/b/a Texas Station Gambling Hall...more
In late May, on the eve of the effective date of the NLRB’s sweeping changes to the election process, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia held that certain of the new rules were...more
On May 29, 2020, the NLRB issued an important opinion overruling two decisions in order to define the term “solicitation” in a manner consistent with prior Board decisions and the dictionary definition of the term. Wynn Las...more
6/4/2020
/ Administrative Law Judge (ALJ) ,
Casino Employee ,
Casinos ,
ConAgra ,
Employer Liability Issues ,
Employment Policies ,
NLRB ,
Non-Solicitation Agreements ,
Solicitation ,
Union Elections ,
Unions ,
Wal-Mart
In December 2019, the NLRB announced its Final Rule governing representation case procedures. The Final Rule applies to petitions filed on or after May 31, 2020. With the effective date fast approaching, NLRB Regions...more
One area of controversy over the years is the NLRB’s attempt to interpret markings on representation ballots that are not clearly “yes” or “no.” This has given rise to a number of tests for divining voter intent. Overruling...more
As most of the country’s workforce continues to adjust to the new realities of social distancing, stay-at-home orders, and limited travel, the practice of law and the forums for adjudicating disputes have shifted to video and...more
As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice...more
4/9/2020
/ Collective Bargaining ,
Comment Period ,
Construction Industry ,
Employee Rights ,
Labor Law Violations ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Proposed Amendments ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Union Elections ,
Union Representatives ,
Unions
On March 19, 2020, the NLRB announced that it was suspending all representation elections through April 3, 2020. The Board stated that the suspension was necessary to ensure the safety of its own employees, as well as those...more
Although, like everyone else, the personnel at the NLRB have been consumed with the impact of the COVID-19 pandemic on daily operations, including the ability of its Regional Offices to function and serve the public, the...more
On February 7, 2020 the National Labor Relations Board (“NLRB”) sued the State of Oregon in federal court seeking a declaratory judgement to invalidate a state statute that protects employees who refuse to attend lawful...more
Summer is winding down but the NLRB continues to be a source of vigorous activity. The Board recently issued a sweeping decision regarding the lawfulness of arbitration agreements. Also, the Board announced its intention to...more
The National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) on Monday, August 12, 2019, proposing three amendments to its current rules and regulations aimed at addressing representation election...more
On the eve of Independence Day, the NLRB, in a 3-1 decision (Member McFerran dissented), clarified the law concerning withdrawal and enunciated a new framework for determining whether a union has retained majority support at...more
7/8/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions ,
Withdrawal
The NLRB currently is churning out cases and Advice Memoranda at a fairly regular pace. We recently discussed NLRB decisions addressing information requests, handbook statements, and confidential informants....more
Things are moving fast and furiously at the NLRB. Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent...more
We are on the verge of the Board majority changing for the first time in approximately a decade. The President’s two appointees, if confirmed, will bring the Board up to a full five members. After the new members are seated...more
7/27/2017
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Corporate Officers ,
Filing Grievances ,
Grievance Process ,
Long Term Care Facilities ,
NLRB ,
Nurses ,
Solicitation ,
Unfair Labor Practices ,
Union Elections ,
Unions
The NLRB is down to three members, the bare minimum required to conduct business, and so cases are being issued somewhat sporadically.
The so-called ambush election rules have received a lot attention over the last few...more
There has been a lot of hype about the so-called NLRB ambush election rules. These are, of course, the NLRB’s take on fixing what it deemed a broken secret ballot election scheme, one allegedly marred by employers gaming the...more
In Pacific Lutheran University, 361 NLRB No. 157, a case that had been watched closely by the higher education community, the National Labor Relations Board issued a 3-2 decision the week before Christmas announcing new...more
On December 12, 2014, the National Labor Relations Board (NLRB or the Board) issued its long-promised revision to its representation-case procedures. In its 733-page final rule, the Board outlined various changes that will...more