News & Analysis as of

NLRB General Counsel

General Counsel Memorandum Maps New Direction for the National Labor Relations Board (NLRB)

by Robinson & Cole LLP on

On December 1, 2017, recently appointed General Counsel Peter B. Robb (“Robb”) of the National Labor Relations Board (“the Board”) issued a memorandum outlining the direction he intends to guide the prosecutorial arm of the...more

2018 Outlook on Federal Labor Laws

by Kelley Drye & Warren LLP on

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

The Employment Law Authority - January/ February 2018

Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired...more

National Labor Relations Act

A. The “New” National Labor Relations Board Decisions and Memos - As of this past fall, following confirmation of Marvin Kaplan and William Emanuel as new members of the National Labor Relations Board (“NLRB”), that agency...more

NLRB General Counsel Mulling New ULP Case Processing Procedures

by McGuireWoods LLP on

In a January 29, 2018 email, the Office of the General Counsel of the National Labor Relations Board informed its Regional offices of potential changes it is considering with respect to how the NLRB processes unfair labor...more

GC Robb’s Proposed Structural Changes To NLRB Draw Fire

by Jackson Lewis P.C. on

NLRB General Counsel Peter Robb’s reported comments on a January 11, 2018, conference call about his proposed changes to how the NLRB operates has stoked resistance from NLRB career staff and others. Robb reportedly plans to...more

All Handbooks On Deck

by Conn Maciel Carey LLP on

A little-noticed decision on Monday from the United States Court of Appeals for the D.C. Circuit illustrates the profound difference in the way the National Labor Relations Board (“Board”) under new General Counsel Peter B....more

2017 Was a Year of Change at the NLRB – but 2018 Promises Even Greater Changes

by Epstein Becker & Green on

In the months following Donald Trump’s inauguration, those interested in the National Labor Relations Board (“NLRB” or “Board”) waited anxiously for the new President to fill key positions that would allow the Board to...more

New NLRB Decisions Favor Employers

by Akerman LLP - HR Defense on

With the change to a Republican President and the appointment of new NLRB members, the expectation that more pro-employer decisions will be issued has begun. Several NLRB decisions have re-established prior labor law...more

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

by McGuireWoods LLP on

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

Labor & Employment E-Note - January 2018

by Burr & Forman on

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...more

Health Care E-Note - January 2018

by Burr & Forman on

In an article published by the Medical Association of the State of Alabama on January 4, 2018, Birmingham Counsel Adam Overstreet discusses the new Department of Justice initiative on investigating and prosecuting pain...more

NLRB General Counsel Signals Important Changes At NLRB

by Jackson Lewis P.C. on

National Labor Relations Board General Counsel Peter Robb continues to outline his plans for change at the NLRB. First came his sweeping five-page Memorandum directing NLRB Regional Offices to submit to his Division of...more

Out With the Old, In With the New: Is This the “New” NLRB?

by Burr & Forman on

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

NLRB Issues Employer-Friendly Decision Regarding Employee Handbooks

by Reminger Co., LPA on

On December 14, 2017, in The Boeing Company, 365 NLRB 154 (2017), the National Labor Relations Board (“NLRB”) established a new standard for reviewing employee handbook provisions that allegedly restrict an employee’s rights...more

NLRB Acts Swiftly to Overturn Multiple Pro-Labor Decisions From Obama Era

It did not take long for the National Labor Relations Board to act on the advice of its new general counsel and upset multiple precedents put in place by the prior majority Democratic board. In a series of 3-2 decisions, the...more

Republican Majority at NLRB Brings Important Pro-Employer Decisions

by Genova Burns LLC on

The recent, temporary Republican majority at the NLRB brought several important changes to Board decisions issued during the Obama Administration. In early December Republican appointees of President Trump briefly held a...more

Labor & Employment E-Note - December 2017

by Burr & Forman on

In the past eight plus years, the National Labor Relations Board (the “NLRB” or the “Board”) with a Democratic majority under former President Barack Obama (the “Obama Board”) has issued labor friendly decisions that have had...more

Business Litigation E-Note - December 2017

by Burr & Forman on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

NLRB Overrules Four Key Cases to End 2017 with a Bang

by Stinson Leonard Street on

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

Don’t Like that NLRB Ruling? Just Wait, it May Change!

by Miles & Stockbridge P.C. on

As 2017 and Chairman Phillip Miscimarra’s term drew to an end, the National Labor Relations Board (“NLRB” or “Board”) issued a flurry of decisions overturning several Obama-era NLRB decisions. Because Board members are...more

It’s Back: NLRB Overturns Specialty Healthcare, Returns to Traditional Community-of-Interest Standard

On December 15, 2017, a divided National Labor Relations Board (NLRB) issued a significant decision in PCC Structurals, Inc., 365 NLRB No. 160, overturning the controversial “overwhelming community-of-interest” test from...more

New NLRB GC Opens Door To Possible Widespread Bargaining Unit Changes

by Jackson Lewis P.C. on

The National Labor Relations Board General Counsel’s Division of Operations Management has issued a sweeping Memorandum to Regional Offices setting forth a variety of circumstances under which those offices should process...more

Reversing the Course: Changes Coming to the NLRB - The Board Reverses Course on Handbooks and Joint Employers While the General...

Peter B. Robb took over as General Counsel of the National Labor Relations Board ("Board") on November 17, 2017, and soon after issued an official memorandum signaling his intention to reexamine Board precedent from the prior...more

The NLRB’s General Counsel Rescinds, Revokes and Questions

On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more

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