The Labor Law Insider: The Biden Administration - Expected Changes at the NLRB (Part III)
On January 19, 2023, the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) reported that the national union membership rate declined from 10.3 percent in 2021 to 10.1 percent in 2022. As described by BLS, the...more
“Should Employers have any hope for impartiality and good decisions from the National Labor Relations Board (“NLRB” or the “Board”) in 2023?” Posed to the old Magic 8 Ball, the answer is “Don’t count on it.”...more
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 pendulum has swung once again. On Dec. 14, 2022, the National Labor Relations Board (NLRB or Board) issued a decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), modifying the framework applied in...more
In a busy (and divided) week for the National Labor Relations Board (“NLRB” or “the Board”), the Board issued a 3-2 decision in American Steel Construction, Inc., 372 NLRB No. 23 (Dec. 14, 2022), reverting the test for...more
Earlier this week, the National Labor Relations Board (“NLRB”) issued two important decisions that California employers should be aware of: NLRB Adds Consequential Damages to Its Weapons Cache - On December 13, the...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
On Wednesday, the National Labor Relations Board issued a groundbreaking decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), reviving the concept of collective bargaining “micro-units.” Micro-units are...more
On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more
The ability to form smaller bargaining units by breaking up larger aspects of an employer’s organization—sometimes called “micro-units”—is generally seen as an effort to enhance the ability of unions to gain entry into an...more
In Part III of the Labor Law Insider podcast series focused on expected changes at the National Labor Relations Board, Husch Blackwell attorneys David Hertel and Laura Malugade discuss, with Tom Godar, two potential...more
The National Labor Relations Board (NLRB) dismissed a union’s push to organize a micro unit of 87 employees at a Nissan assembly plant in Tennessee based on the traditional community-of-interest standards for determining...more
This past month’s Amazon union election in Alabama received more national attention than any other union election since the Boeing election in South Carolina in February 2017. The press covered it very closely. Politicians...more
As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more
While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to...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
Q. I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them? ...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
New NLRB Leadership - The National Labor Relations Board (NLRB) is under new leadership and has begun returning the nation to a more balanced labor policy. The NLRB is responsible for enforcing the National Labor...more
The song “Changes,” written by Phil Ochs, provides an opportune prism to examine the arguably cataclysmic changes implemented and portended by the new employer-friendly majority at the NLRB at the end of 2017 and expected in...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017. December was no different,...more
As we enter the New Year, the National Labor Relations Board (NLRB) is under new leadership and has begun returning the nation to a more balanced labor policy. The NLRB is responsible for enforcing the National Labor...more
Recent NLRB Developments - This December 2017 special edition of the Employment Flash summarizes recent decisions issued by the National Labor Relations Board (NLRB) on December 14 and 15, 2017. These decisions are...more