News & Analysis as of September 23, 2024

The National Labor Relations Act

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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 Continues Labor-Friendly Push by Reinstating Obama-Era Standard to Facilitate Union Organizing of “Micro-Units”

ArentFox Schiff on 12/28/2022

The holidays came early for organized labor this year, with the National Labor Relations Board (NLRB or Board) issuing another decision that will make it easier for unions to organize new workplaces. In American Steel...more

The NLRB Ends 2022 with Significant Decisions

Harris Beach PLLC on 12/22/2022

Two recent late-year decisions from the National Labor Relations Board (“NLRB”) have the potential to significantly impact private sector employers across all industries. 1. The NLRB Expanded its Authority to Order...more

What’s Past is Prologue - NLRB Restores the Common Sense Meaning of Past Practice

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/26/2017

In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more

2016/2017 Labor & Employment Observer

Cozen O'Connor on 1/12/2017

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

The Election is Over, Now What?

Bradley Arant Boult Cummings LLP on 11/22/2016

Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on 11/10/2016

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

NLRB Permits Off-Duty Employees to Picket on Employer Property

Franczek P.C. on 10/7/2016

An employer’s ability to prohibit picketing on its property was dealt a serious blow when the National Labor Relations Board (NLRB) recently ruled in Capital Medical Center that an acute care hospital violated Section 8(a)(1)...more

Get Off My Lawn (Or Gurney): Off Duty Employees Allowed To Picket on Hospital Employer’s Property

Seyfarth Shaw LLP on 8/18/2016

Seyfarth Synopsis: In a split decision, the NLRB ruled that off-duty employees of an acute care hospital had the right to picket the hospital’s main lobby entrance. After the collective bargaining agreement between acute...more

NLRB: Peer Review Obligations Trumped by NLRA

Polsinelli on 9/25/2015

On August 27, 2015, the National Labor Relations Board (“NLRB”) held that a Kansas hospital must afford an employee Weingarten rights before a nursing Peer Review Committee, allow the union access to peer review documents and...more

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

Cozen O'Connor on 9/17/2015

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

Appropriations Subcommittee Rejects Efforts to Strip Funding Bill of Pro-Employer Riders

Littler on 6/18/2015

The day after the House Appropriations Committee released a draft bill that would significantly limit certain federal agency rules and initiatives, the Subcommittee on Labor, Health and Human Services, and Education held a...more

NLRB Upholds Unilateral Changes in Negotiated Employee Benefits

Littler on 6/10/2015

In an era when the National Labor Relations Board seldom finds actions by employers to be reasonable, that agency recently issued two decisions finding that a unilateral change in employee benefits provided under a collective...more

Employment Law Issues for Health Care Employers

Troutman Pepper on 8/8/2014

In this webinar, moderated by Mark Kadzielski, Pepper partner and chair of the firm’s Health Care Services practice, Susan K. Lessack and Christopher J. Moran, both of Pepper’s Labor and Employment Practice Group, will...more

Department Store Units Decided Under Specialty Healthcare

Proskauer - Labor Relations on 8/4/2014

This week the NLRB decided two cases involving union organizing in large department stores. In each case an NLRB regional director applied the Board’s Specialty Healthcare test to determine whether the bargaining unit...more

NLRB Issues Mixed Decisions When Applying Specialty Healthcare to Retail Industry

Ballard Spahr LLP on 8/1/2014

In two separate decisions, the National Labor Relations Board (NLRB) has extended to the retail industry the standard for recognizing what is an “appropriate” bargaining unit that it established in Specialty Healthcare and...more

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

Epstein Becker & Green on 7/23/2014

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

Supreme Court Issues Decisions that Change Employment Law Landscape

Benesch on 7/11/2014

The U.S. Supreme Court wrapped up its 2013 session by handing down three decisions that may significantly affect recent controversial rulings by the National Labor Relations Board, Affordable Care Act mandates on employer...more

"Busted" by Buttons — When Union Propaganda May Be Permitted in Patient Care Areas

Foley & Lardner LLP on 6/11/2014

Nurses and other health care workers are usually allowed to wear pro union buttons, stickers and other insignia at work absent special circumstances. However, one area of health care facilities, such as hospitals, where...more

Labor Letter, December 2013: Was It A Good Year Or Bad Year? The 2013 Employment Law Year In Review

Fisher Phillips on 12/9/2013

It's pretty common each December to take stock and look back at the year that is ending, whether it’s recounting the happy times and counting one’s blessings, or reliving the disappointments and ruing over the regrets (and...more

Healthcare Update, No. 3, August 2013: Government Agencies Taking Dim View of Employers' "Bright-Line" Policies

Fisher Phillips on 8/9/2013

For years, human resources practitioners have been able to confidently rely on a simple principle when dealing with a variety of tough decisions. That principle is “consistency” in applying company policies, meaning that...more

Labor & Employment Law Update - January 2013 : New Year Employer Checklist

Polsinelli on 1/17/2013

In This Issue: - New Health Care Mandates - I-9's for Immigration in 2013 - A Policies and Procedures Review - Classifying Employees as Exempt or Non-Exempt? - Awareness of National Labor Relations Board...more

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

Fisher Phillips on 11/7/2012

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

D.C. Circuit Denies Hospital’s Challenge to NLRB Health Care Rule

Ballard Spahr LLP on 11/7/2012

In a strongly worded decision published last week, the U.S. Court of Appeals for the D.C. Circuit firmly rejected a challenge to the National Labor Relations Board’s Health Care Rule. Promulgated in 1989 and upheld two years...more

Eleventh Circuit Rules Licensed Professional Nurses Are Supervisors, Providing Strong Ammunition to Long-Term Healthcare...

Littler on 10/25/2012

On October 2, 2012, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reversed the National Labor Relations Board's decision that licensed professional nurses (LPNs) employed at a long-term health care...more

Briefs filed in NLRB's Specialty Healthcare case

Proskauer - Labor Relations on 3/9/2011

What a difference a few months can make. Last December, in Specialty Healtcare and Rehabilitation of Mobile the NLRB invited interested parties to file briefs to consider a number of questions about whether it should...more

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