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National Labor Relations Board › Deregulation › Collective Bargaining

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 -
Epstein Becker & Green

The Board Restores Balance in Collective Bargaining by Reinstating Employers’ Ability to Unilaterally Cease Dues Checkoff After...

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Approximately four years ago, during the Obama Administration, the National Labor Relations Board upended decades of well-settled precedent by making it unlawful for employers to unilaterally cease dues checkoff pursuant to a...more

Best Best & Krieger LLP

How Will a Much-Anticipated Joint Employer Decision Impact Private and Public Employers? - Browning-Ferris Industries v. NLRB

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The District of Columbia U.S. Circuit Court of Appeals’ decision in Browning-Ferris Industries of California, Inc. v. National Labor Relations Board held that an employer’s authorized, but unexercised...more

Troutman Pepper

NLRB Proposes New Rule on Joint Employer Standard

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On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act....more

Stinson LLP

The NLRB Proposes New Joint Employer Standard

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On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking for the joint-employer standard. Under the proposed rule, entities would be joint employers "if the two employers...more

Franczek P.C.

Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard

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On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status....more

FordHarrison

NLRB Proposes Regulation to Resolve Joint Employer Issue

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On September 14, 2018, the National Labor Relations Board (NLRB) published a proposed new regulation to establish the standard for determining when two businesses are joint employers of a group of employees. ...more

Akerman LLP - HR Defense

Joint Employer Standard: Whiplash!

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In a surprising move, the National Labor Relations Board has overturned its recent decision that had overruled an expansive joint employer standard set forth by the previous Obama-era Board. So, at least for the time being,...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

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On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Hogan Lovells

NLRB Vacates Recent Decision Narrowing Joint-Employer Standard; Broad Browning-Ferris Test Back in Play For Now

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As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a...more

Stinson LLP

NLRB Gives Browning-Ferris a Stay of Execution

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On Monday February 26, 2018, the NLRB unanimously vacated its recent Hy-Brand decision from December 14, 2017, effectively reinstating the Obama-era Browning-Ferris test for determining joint-employer status established in...more

Troutman Pepper

NLRB Flip Flops On Browning Ferris Standard For Joint Employment (Again)

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Q. What is the standard for determining whether two companies are joint employers? A. On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial...more

FordHarrison

NLRB Joint Employer Whiplash

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The National Labor Relations Board (“NLRB” or “Board”) has vacated its decision in Hy-Brand Industrial Contractors, Ltd., (“Hy-Brand”), thereby reinstating the joint employer standard created by the Obama Board in the...more

Dickinson Wright

One Minute You’re In, the Next, You’re Out: NLRB Vacates the Short-Lived Hy-Brand Decision and Reinstates the Browning-Ferris’...

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As we reported just last December, the National Labor Relations Board (NLRB or Board), issued Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co., which overturned the 2015 Browning-Ferris Industries case that...more

Akerman LLP - HR Defense

Joint Employer Standard Relaxed – For Now

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Business owners, franchisors, contractors, and staffing agencies can breathe a little easier – for the moment – following the National Labor Relations Board’s reversal last month of a controversial Obama-era standard that...more

FordHarrison

NLRB Tosses "Overwhelming Community of Interest" Standard and Returns to the "Traditional Community of Interest" Standard in...

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On December 15, 2017, the National Labor Relations Board (NLRB or Board) overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which required an “overwhelming community of interest” when...more

Akerman LLP - HR Defense

NLRB Gift: Staying Non-Union May Be A Little Easier

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The NLRB offered a holiday gift to employers this year, overturning an Obama-era decision that allowed unions to organize “micro-units” of employees, by restoring a more employer-friendly standard to determine an “appropriate...more

Seyfarth Shaw LLP

Collyer Deferral: GC Memorandum 18-02 Upholds Parties’ Agreed Upon Method of Grieving and Arbitrating Certain Unfair Labor...

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Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

Franczek P.C.

The Winds Keep Blowing: Miscimarra’s Final Days with the NLRB Produce More Change for Employers

Franczek P.C. on

Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the...more

Littler

What's Appropriate: The NLRB Overturns Specialty Healthcare

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As part of the National Labor Relations Board’s spate of recent decisions reversing Obama-era Board precedent, on December 15, 2017, the Board in PCC Structurals, Inc., 365 NLRB No. 160 (2017) overturned Specialty Healthcare,...more

Hogan Lovells

NLRB Reverses Several Obama-Era Decisions; Loosens Grip on Employers

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In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more

Franczek P.C.

Gale Force Winds of Change: National Labor Relations Board Reverses Course on Workplace Rules and Joint Employer Standards

Franczek P.C. on

Recently, we noted that the winds of change are blowing at the NLRB. Last week, those winds picked up considerable force as the newly-constituted NLRB dismantled two earlier cases that were the subject of extensive employer...more

McNees Wallace & Nurick LLC

Ahhhhhh – NLRB Rips Off Series of Pro-Employer Decisions

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That sound you just heard was employers everywhere breathing a sigh of relief, and maybe even high-fiving. That’s because the newly constituted National Labor Relations Board fired off several pro-employer decisions in the...more

Dickinson Wright

The Way We Were: The NLRB’s Time Machine Resets the Clock on Employer Work Rules and Joint Employer Status

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With the end of 2017 right around the corner, the National Labor Relations Board (NLRB or Board) issued a duo of pro-employer decisions that continue to chip away at and erase its jurisprudence during the Obama...more

Seyfarth Shaw LLP

THE BIG(ger) BA(rgaini)NG THEORY

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In yet another significant decision overturning a controversial Obama-era ruling, the NLRB has reverted to its prior standards in determining what will be an appropriate bargaining unit for union organizing and bargaining....more

Littler

NLRB Rejects Browning-Ferris and Returns to Prior Joint-Employer Standard that Benefits Union and Non-Union Employers Alike

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On December 14, 2017, just two days before the end of Chairman Philip Miscimarra’s term, the new Republican majority at the National Labor Relations Board continued its shift in labor policy and issued yet another reversal of...more

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