News & Analysis as of September 22, 2024

NLRB General Counsel

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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 -

The Practical NLRB Advisor: Fall 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/10/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more

NLRB Orders Employers Must Prove the Need for Personal Conduct Rules

McNees Wallace & Nurick LLC on 9/5/2023

On August 2, 2023, the National Labor Relations Board reversed precedent on the issue of work rules that proscribe employee personal conduct. In Stericycle, the Board reversed and remanded an ALJ’s decision that found the...more

We Knew This Was Coming: NLRB General Counsel Recommends Abandoning Workplace Rule and Confidentiality Rule Frameworks

Proskauer - Labor Relations Update on 3/11/2022

As foreshadowed by the NLRB General Counsel’s August 2021 Advice Memorandum, the vacillating standard for the legality of employer handbooks and policies and confidentiality requirements during open employer-investigations...more

NLRB GC Asks Board To Revisit Standard For Analyzing Employee Handbooks

Stoel Rives - World of Employment on 3/10/2022

Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the...more

The NLRB’s New General Counsel Issues First Guidance Memorandum Foreshadowing Reversal of Key Board Decisions

Littler on 8/20/2021

There’s a new sheriff in town at the National Labor Relations Board, and she is charting a new course for the Board. On August 12, the NLRB's new general counsel (GC), Jennifer Abruzzo, issued Memorandum 21-04, instructing...more

New NLRB GC Memo Reveals Agency Strategy

Akerman LLP - HR Defense on 8/17/2021

All unionized and nonunionized private sector employers should prepare now for the anticipated legal changes contemplated in the National Labor Relations Board’s latest general counsel memorandum, GC 21-04. The Memorandum,...more

GC Abruzzo Issues Hit List

Sherman & Howard L.L.C. on 8/13/2021

On August 12, 2021, the newly appointed and narrowly confirmed General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued a Memorandum outlining the Board’s first steps in undoing every significant...more

Acting General Counsel Of The NLRB, Peter Ohr, Begins Undoing Past General Counsel’s Projects And Procedures

Roetzel & Andress on 3/9/2021

After being named Acting General Counsel of the National Labor Relations Board (NLRB), Peter Ohr has not slowed down. In a recent American Bar Association committee meeting, Ohr stated, “when I was asked to serve as acting...more

Labor Board General Counsel’s Review Of Employer Work Rules A Mixed Bag

Jackson Lewis P.C. on 5/21/2019

The National Labor Relations Board’s (NLRB) General Counsel (GC) has issued an Advice Memorandum on whether unfair labor practice charges alleging four employer rules violated the National Labor Relations Act (NLRA) have...more

NLRB G.C. Issues Guidance on Handbook Rules

Akerman LLP - HR Defense on 8/8/2018

Standard employer workplace policies may once again pass muster, following a Memorandum issued this summer by the NLRB Office of General Counsel. Although Memorandum GC 18-04 is addressed to NLRB personnel, its guidance...more

Executive Labor Summary - May - July 2018

Constangy, Brooks, Smith & Prophete, LLP on 7/26/2018

NLRB’s joint employer standard is still up in the air. The “joint employer” standard of the National Labor Relations Board is still in play. On May 9, in a rarely-seen development, the NLRB Office of Information and...more

NLRB Handbook Rules Change Like the Wind Post-Boeing

Vedder Price on 7/10/2018

On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“the NLRB” or “the Board”) published its most recent memo concerning employer handbook policies. The memo’s guidance reflects a stark...more

How To Analyze Employer Handbook Rules In Light Of Boeing

Husch Blackwell LLP on 7/6/2018

An analysis of the NLRB General Counsel’s Memorandum- Introduction- On June 6, 2018, the National Labor Relations Board’s (“NLRB”) General Counsel (“GC”) released a memorandum providing guidance on the NLRB’s recent...more

NLRB General Counsel Issues Much Needed Guidance on Employee Handbooks

Burr & Forman on 6/20/2018

On June 6, 2018, the General Counsel of the National Labor Relations Board issued a memorandum providing guidance on how employer rules should be interpreted following the Board’s December 2017 holding in Boeing, which set...more

NLRB General Counsel Provides Guidance on New Employee Handbook Standard

Saul Ewing LLP on 6/14/2018

On June 6, 2018, National Labor Relations Board General Counsel Peter Robb released a guidance on how to apply the new employee handbook standard established by the Board in its December 2017 Boeing decision. ...more

NLRB GC Memo Provides Updated Guidance on Common Employer Work Rules In Light of Boeing

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/13/2018

On June 6, 2018, the National Labor Relations Board’s (NLRB) general counsel (GC) issued a new guidance memorandum (GC Memo 18-04) that contains updated guidance on how the regional offices should be reviewing and...more

NLRB General Counsel Issues Employer-Friendly Work Rule Guidance

Jackson Lewis P.C. on 6/11/2018

On June 6, NLRB General Counsel Peter Robb, the NLRB’s chief prosecutor, issued a detailed, 20-page Memorandum to the NLRB Regional Offices entitled “Guidance on Handbook Rules Post-Boeing.” (As General Counsel, Robb decides...more

National Labor Relations Board's General Counsel Issues Guidance On Employer Handbook Rules

Clark Hill PLC on 6/11/2018

On June 6, 2018, the National Labor Relations Board General Counsel issued GC Memorandum 18-04, Guidance on Handbook Rules Post-Boeing. In the Memorandum, the General Counsel analyzes various common work rules and employment...more

2018 Outlook on Federal Labor Laws

Kelley Drye & Warren LLP on 2/12/2018

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/6/2018

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

All Handbooks On Deck

Conn Maciel Carey LLP on 2/1/2018

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

Epstein Becker & Green on 1/30/2018

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

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

Burr & Forman on 1/18/2018

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 Overrules Four Key Cases to End 2017 with a Bang

Stinson LLP on 12/28/2017

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

The Trump N.L.R.B. Gift Giving Season

Robinson+Cole Manufacturing Law Blog on 12/22/2017

Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases that expanded employee and labor union protections. In...more

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