News & Analysis as of September 18, 2024

National Labor Relations Board › Administrative Hearings

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

NLRB Reaffirms Regional Directors’ Discretion to Dismiss Election Petitions Absent a Hearing

Littler on 7/11/2022

On June 15, 2022, in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109, the National Labor Relations Board reaffirmed that regional directors have authority to dismiss representation and decertification petitions if the...more

NLRB Considers Rulemaking on Virtual Hearings

Littler on 11/16/2021

On November 4, 2021, the National Labor Relations Board (NLRB) issued an Advance Notice of Proposed Rulemaking (ANPRM), soliciting public comments regarding potential revision of the Board’s rules and regulations to...more

Beltway Buzz - November 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/8/2021

OSHA Issues Vaccine ETS - The Occupational Safety and Health Administration (OSHA) published its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on November 5, 2021. The ETS, which is effective...more

Common Neutrality Agreement Provisions Between Union and Hotel May Violate the NLRA

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/11/2019

On November 20, 2019, the National Labor Relations Board’s (NLRB) Office of the General Counsel granted an appeal filed by the National Right to Work Legal Defense Foundation (NRTWLDF) on behalf of a hotel housekeeper in...more

NLRB Restores Order to the “Dynamic Status Quo”

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/11/2019

On August 22, 2019, a three-member panel of the National Labor Relations Board (NLRB) ruled unanimously in favor of the Pittsburgh Post-Gazette, dismissing an unfair labor practice charge filed by seven unions that represent...more

Supreme Court Holds that Lafe Solomon Improperly Served as NLRB General Counsel

Proskauer - Labor Relations Update on 3/22/2017

The Supreme Court has dealt another blow to the stability of the National Labor Relations Board. In a 6-2 decision, in, National Labor Relations Board v. SW General, Inc. DBA Southwest Ambulance, USSC Case No. 15-1251 (March...more

Supreme Court Uses Labor Case To Again Stifle Presidential Power

Fisher Phillips on 3/22/2017

In a decision released today, a 6 to 2 majority of the Supreme Court restricted the president’s power to fill high-level administrative positions without the Senate’s advice and consent, handing a victory to an employer in a...more

Employment Flash - July 2015

Skadden, Arps, Slate, Meagher & Flom LLP on 7/17/2015

The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more

Shorts on Long Term Care - Summer 2014

Poyner Spruill LLP on 7/25/2014

In this issue: - Nursing Facility Survey Trends: Directed Plans of Correction, Privacy Violations and FTag 520 Quality Assurance Committee Citations - COBRA Meets ACA – Time to Update COBRA Notices -...more

NLRB ALJ Rules That An Interim Grievance Procedure Does Not Require An Arbitration Option

Bond Schoeneck & King PLLC on 6/18/2014

In a decision issued last week, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB”) ruled that an interim grievance procedure between an employer and a newly-certified union did not have to...more

NLRB Upholds Discharge for Deliberate Betrayal, Despite Reliance on Unlawful Policy

McNees Wallace & Nurick LLC on 6/13/2014

The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee's...more

Unlawful Policy = Unlawful Termination? The NLRB’s Latest Pronouncement

BakerHostetler on 6/5/2014

The NLRB recently issued its decision in Flex Frac Logistics, LLC, Case 16-CA-02978, which the NLRB had remanded to the administrative law judge (“ALJ”) for further analysis after finding that the employer maintained an...more

Quickie Elections and You: What Employers Need to Know about NLRB’s Proposed Rule Changes

Spilman Thomas & Battle, PLLC on 5/29/2014

In 2011, the National Labor Relations Board (“NLRB” or the “Board”) issued proposed changes to its election rules for the purposes of speeding up the election process. These so-called “quickie” election rules were adopted by...more

Labor Board Affirms Ruling that Employer Confidentiality Provision Violates NLRA

Poyner Spruill LLP on 7/23/2013

On June 21, 2013, The National Labor Relations Board (NLRB) issued an order affirming and modifying an earlier decision by an administrative law judge that invalidated the confidentiality provision in an employer’s employment...more

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National Labor Relations Board › Administrative Hearings

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