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Restructuring On The Way For National Labor Relations Board Regional Offices?

Bloomberg News reported last week that NLRB General Counsel Peter Robb may be considering “reorganizing the agency’s 26 regional offices into a smaller number of districts or regions supervised by officials who would report...more

1/25/2018  /  NLRB , NLRB General Counsel

House of Representatives Passes Bill To Restore Recognition Of Tribal Sovereignty In Labor Law Enforcement

Earlier this month, a bipartisan 239-173 majority of the House of Representatives passed the text of the Tribal Labor Sovereignty Act (H.R. 986) as an amendment to a Senate bill amending a 2010 law regarding Apache tribal...more

NLRB Overturns Three Obama-Era Decisions on Labor-Management Relations

In the closing days of outgoing Chairman Phil Miscimarra’s term, the National Labor Relations Board issued three major decisions reversing field on significant issues of labor-management relations and requested public comment...more

National Labor Relations Board Restores Longstanding Joint Employer Rules

In the closing days of Chairman Miscimarra’s term, the Board has restored the longstanding rules for finding joint employment that were cast aside by the Obama Board in the 2015 Browning-Ferris decision. In Hy-Brand...more

National Labor Relations Board Overrules Lutheran Heritage; Sets New Standard For Reviewing Work Rules Unrelated to Protected...

As is often the case when a Board Member’s term winds down, this week has seen a flurry of activity. Back in May, when nominations to seat a full Board were still just being rumored, we identified a handful of the more...more

Busy Board Overrules Specialty Healthcare; Restores Traditional Community of Interest Standards Disfavoring Micro-Units

National Labor Relations Board Chairman Phil Miscimarra’s term expired today, but he did not coast into “retirement.” In addition to the late flurry of decisions which include the Board’s overruling of the Browning-Ferris...more

Peter Robb Confirmed as National Labor Relations Board General Counsel

By a party-line 49-46 vote, the Senate voted yesterday to confirm the nomination of Vermont labor lawyer Peter Robb to serve as the next General Counsel of the National Labor Relations Board. Robb replaces former union...more

11/9/2017  /  NLRB , NLRB General Counsel , Unions

Vote Expected Next Week on Peter Robb’s Nomination as Board General Counsel

Senate Majority Leader Mitch McConnell filed a motion for cloture today on the nomination of Peter Robb to serve as the next General Counsel of the National Labor Relations Board. A vote is expected on his nomination — which...more

Fired Google Manifesto Author Files Unfair Labor Practice Charge: Did He Engage In Protected Activity?

A Google engineer was fired last week after circulating a 3,000 word memorandum, among other things, criticizing the tech giant’s approach to diversity issues and questioning the root causes of the industry’s gender gaps. He...more

Senate Health, Education, Labor and Pensions Committee Schedules Confirmation Hearing For National Labor Relations Board Nominees

The Senate Health, Education, Labor and Pensions (HELP) Committee has announced that it will hold a committee hearing on Thursday, July 13, 2017, at 9:30 AM, to consider the nominations of Marvin Kaplan and William Emanuel to...more

7/12/2017  /  HELP , NLRB , Trump Administration

President Announces Intent To Fill National Labor Relations Board Vacancy

President Trump yesterday announced his intention to nominate Marvin Kaplan to one of the two vacant seats at the National Labor Relations Board. The announcement, posted on the White House website, reads: Marvin Kaplan...more

Republican Lawmakers Introduce Three House Bills To Roll Back National Labor Relations Board Quickie Election Rules

A trio of bills has been introduced in the House of Representatives to amend the National Labor Relations Act in an effort to roll back some of the more aggressive changes to the union representation election process...more

U.S. Department of Labor Begins Process To Rescind Obama Administration’s “Defective” Persuader Rule Overhaul

Secretary of Labor Alexander Acosta has formally initiated the process for rescission of the 2016 DOL regulations narrowing the “advice exemption” to the LMRDA’s so-called “persuader rule.” The Office of Management and...more

AT&T Privacy Rule Goes Too Far Says NLRB

Last week a National Labor Relations Board (NLRB) administrative judge ruled that AT&T Mobility interfered with employees’ labor rights with an overly broad privacy rule. The rule prohibited employees from recording any...more

Confirmation Expected For Secretary of Labor Nominee Following Committee Hearing

Following the withdrawal of previous nominee Andy Puzder, the President quickly named former National Labor Relations Board Member and current law professor Alex Acosta to serve as Secretary of Labor. On Wednesday, March 22,...more

Supreme Court Affirms Invalidation of Most of Lafe Solomon’s Tenure as Acting General Counsel

The Supreme Court has settled the question surrounding the validity of acting NLRB general counsel Lafe Solomon’s official actions. Yesterday, in National Labor Relations Board v. SW General, Inc., 580 U.S. –, Case Nos....more

Senate Joins House in Passing CRA Resolution to Invalidate Contractor Blacklisting Rules

On March 6, 2017, by a party-line vote of 49-48, the United States Senate passed a resolution of disapproval (H.J. Res. 37) pursuant to the Congressional Review Act, to preclude enforcement of the Federal Acquisition...more

U.S. Chamber of Commerce Report Catalogs Extensive Extreme Activity by Obama Era National Labor Relations Board

Last week, the United States Chamber of Commerce issued a report intended to provide a blueprint to the Trump administration as it looks toward formulating a labor relations agenda. “The Record of the National Labor...more

Labor Law 2016: A Year In Review

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Labor Relations Today: 2016 Year In Review

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

New Rules for Cleared Contractors Starting Nov. 30

Earlier this year, the Defense Security Service (DSS) issued new rules for all government contractors that hold facility security clearances. Several of the new rules, which relate to “inside threats,” take effect Wednesday,...more

Federal Court Permanently Enjoins DOL Union ‘Persuader’ Rule Enforcement

As previously reported, on March 23, 2016, the U.S. Department of Labor (DOL) issued its reinterpretation of the “persuader” rule in the Labor Management Reporting Disclosure Act of 1959 (LMRDA), originally scheduled to be...more

Government Contractor “Blacklisting” Regs Take Effect Oct. 25 — Fast Facts

The controversial new Fair Pay and Safe Workplaces rules begin to phase in starting Oct. 25, 2016. The regulations, mandated by President Obama’s executive order and now being implemented in the Federal Acquisition...more

Administration Releases Final Blacklisting Regulations for Government Contractors

On August 24, 2016, the Obama administration published the Federal Acquisition Regulatory Council’s final rule and the Department of Labor’s (DOL’s) guidance implementing the July 31, 2014 “Fair Pay and Safe Workplaces”...more

NLRB Reverses Rule Regarding Temporary Employees

In a much-anticipated decision, the National Labor Relations Board (NLRB) on July 11, 2016, reversed its existing precedent on organizing of temporary employees. In Miller & Anderson, Inc., the NLRB ruled that permanent...more

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