The Labor Law Insider: The Biden Administration - Expected Changes at the NLRB (Part III)
On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more
The National Labor Relations Board on Wednesday revived an Obama-era standard that will make it easier for unions to organize employees and win elections. In a 3-2 decision in American Steel Construction Inc., the Board...more
Seyfarth Synopsis: It should be clear to all that the NLRB has taken significant steps to restore the law to a footing that more closely resembles the landscape that existed prior to the Obama Board. ...more
One of the matters of significance to employers and unions under the National Labor Relations Act that became a point of contention under the National Labor Relations Board (“NLRB” or “Board”) during the Obama Administration...more
Seyfarth Synopsis: The National Labor Relations Board has been making a lot of noise since the current administration took control. From reversing draconian restrictions on workplace civility rules to restoring employer...more
The National Labor Relations Board (NLRB) has held that a unit selected for organizing by the International Association of Machinists and Aerospace Workers (IAM) – one including approximately 180 jet mechanics at Boeing's...more
On September 9, 2019, the National Labor Relations Board (the “Board”) clarified its test for unionizing “micro units” of employees within larger workforces, and prevented the International Association of Machinists from...more
In 2011, in Specialty Healthcare & Rehabilitation Center of Mobile, an Obama-era majority of the National Labor Relations Board modified the traditional “community of interest” standard for deciding appropriate bargaining...more
In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics. The Board held in The Boeing Company and...more
On September 9, 2019, the National Labor Relations Board (NLRB) issued its decision in The Boeing Company, 368 NLRB No. 67 (2019), clarifying an earlier ruling and reinstating the traditional community of interest standard...more
Still hard at work as we head into mid-September, the National Labor Relations Board, in a 3-1 decision (Chairman Ring and Members Kaplan and Emanuel in the majority, Member McFerran dissenting) announced a three-step test...more
On September 9, 2019, the National Labor Relations Board (“NLRB”) continued its recent wave of activity in Boeing, 368 NLRB No. 67 (Sep. 9, 2019), by reaffirming its December 2017 decision in PCC Structurals, 355 NLRB No. 160...more
It looks like the National Labor Relations Board (NLRB) will have another opportunity to clarify the test for determining whether a micro-unit of employees in a functionally integrated manufacturing plant constitutes an...more
In a much watched union election at Boeing’s North Charleston, South Carolina facility, the International Association of Machinist won a secret ballot election in a “micro unit”. The vote included 169 workers, 104 or 61.5%...more
While President Donald Trump is not known for a deliberate approach, the long-anticipated shifts in labor law and policy is starting to take shape in an efficient and measured form. The National Labor Relations Board (“NLRB”...more
As you have likely seen by now, December was quite a busy month for the National Labor Relations Board (“the Board”). The Board issued major decisions affecting employers, and Peter Robb, the new General Counsel for the Board...more
The National Labor Relations Board isn't waiting for the ball to drop in Times Square. It's ushering in a new era, now. The new and short-lived Republican-appointed majority wasted little time reversing the course the Board...more
In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more
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
For employers, the tide is making its long awaited turn in our nation’s capital at the National Labor Relations Board (“NLRB”). Last week, the NLRB reversed precedent on four significant rules that were widely viewed as...more
Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more