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National Labor Relations Board › Corporate Counsel › Rulemaking Process

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... more +
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 -
Proskauer - Labor Relations Update

NLRB Releases Spring Rulemaking Agenda Forecasting Changes To Joint Employer Standard and Representation Election Procedures

Proskauer - Labor Relations Update on

On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking...more

Littler

NLRB Moves Forward with Bulk of Final Election Rule Changes Despite Blow Dealt by Federal Court

Littler on

On Saturday, May 30, 2020, one day before the effective date of the National Labor Relations Board’s Final Rule on Representation Case Procedures, a judge on the U.S. District Court for the District of Columbia issued a...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Long-Awaited NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Federal labor agencies have kicked their rulemaking efforts into high gear. One month after the U.S. Department of Labor published a final rule defining (and limiting) when one entity can be deemed the joint employer of...more

Littler

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

Littler on

The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

Littler

Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

Littler on

As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more

Benesch

NLRB Continues to Tease Rule-Making Efforts; Now Focused on Supporting Recent Decisions Regarding Access to Employer Property

Benesch on

Last week, on November 7 at the American Bar Association’s annual labor and employment law conference, the National Labor Relations Board (“NLRB”) provided a glimpse into its upcoming intentions when discussing a planned...more

Epstein Becker & Green

Bill Aimed at Removing Authority from NLRB Introduced in the Senate

Epstein Becker & Green on

On October 24, 2019, Senator Mike Lee (R-UT) introduced the Protecting American Jobs Act. The bill, cosponsored by Senators Tom Cotton (R-AR), Rand Paul (R-KY), Marsha Blackburn (R-TN), Ted Cruz (R-TX), and Marco Rubio...more

Seyfarth Shaw LLP

NLRB Invalidates Mandatory Arbitration Agreement That Contains No Exceptions For Filing Administrative Charges

Seyfarth Shaw LLP on

Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges....more

Sheppard Mullin Richter & Hampton LLP

Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective...

Sheppard Mullin Richter & Hampton LLP on

In its 84-year history, the National Labor Relations Board (NLRB, Board or Agency) has promulgated a very small number of rules pursuant to the Administrative Procedures Act, relying, instead, on individualized adjudications...more

Benesch

Proposed NLRB Rule-Making Aimed at Unions and Decertification Elections

Benesch on

The National Labor Relations Board (“NLRB”) announced last week that it was proposing a series of rule changes. The first and most important focuses on updating its “blocking charge” policy, as well as revising the rules...more

Cozen O'Connor

Don’t Say That! … Or Do? New Court Guidance on Employer Statements in Union Organizing Campaigns

Cozen O'Connor on

I often advise employers large and small on what to do (and what not to do) during union organizing campaigns. I am continually surprised at how many employers have misconceptions about the do’s and don’ts when a campaign is...more

Manatt, Phelps & Phillips, LLP

Five Highlights From a Busy Month for the NLRB

Manatt, Phelps & Phillips, LLP on

The National Labor Relations Board (NLRB) has been busy the past few weeks. Below are the top five hits over the past month. 1. New rules on the horizon. In a new rulemaking agenda detailing both its short-term actions and...more

Littler

NLRB Update: Board Issues New Strategic Plan, Extends Joint-Employer Rule Comment Deadline, and Announces NLRB Solicitor...

Littler on

The National Labor Relations Board recently issued a new Strategic Plan for Fiscal Years 2019 through 2022, extended until January 14, 2019 the comment period on its proposed joint-employer rule, and announced the appointment...more

Sheppard Mullin Richter & Hampton LLP

NLRB Confirms That It Intends To Proceed With Rulemaking On Joint Employer Standard

Sheppard Mullin Richter & Hampton LLP on

On June 5, 2018, in response to a May 29, 2018 letter from Sen. Elizabeth Warren (D-MA), Sen. Bernard Sanders (I-VT), and Sen. Kirsten Gillibrand (D-NY), National Labor Relations Board (“NLRB” or “Board”) Chairman John Ring...more

Proskauer - Labor Relations Update

NLRB Considers Rulemaking to Address Hotly-Contested Joint-Employer Standard

Proskauer - Labor Relations Update on

As we previously reported the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains in flux. For historical reference, the NLRB expanded the scope of joint-employment in 2015 in...more

Fisher Phillips

Labor Board Will Soon Issue New Rule To Solve Joint Employment Dilemma

Fisher Phillips on

In a rare procedural move that caught many by surprise, the National Labor Relations Board announced on Wednesday that it will soon start the rulemaking process to clarify the current joint employment standard. Perhaps...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

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