News & Analysis as of September 22, 2024

Employer Liability Issues

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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 -

“Outlook Not So Good” – An Employer’s Guide to the NLRB’s 2023 Agenda

Polsinelli on 12/28/2022

“Should Employers have any hope for impartiality and good decisions from the National Labor Relations Board (“NLRB” or the “Board”) in 2023?” Posed to the old Magic 8 Ball, the answer is “Don’t count on it.”...more

NLRB Returns to Obama-Era Microunit Standard

Perkins Coie on 12/22/2022

On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more

Busy Week at the NLRB

CDF Labor Law LLP on 12/16/2022

Earlier this week, the National Labor Relations Board (“NLRB”) issued two important decisions that California employers should be aware of: NLRB Adds Consequential Damages to Its Weapons Cache - On December 13, the...more

With American Steel, Micro-Units Are Again a Likely Possibility

Littler on 12/16/2022

After a year of consideration including amicus briefs on the matter, the National Labor Relations Board (Board) revived another Obama-era precedent in a decision issued December 14, 2022. In American Steel, 372 NLRB No. 23,...more

Festive NLRB Provides Holiday Gifts to Unions/Employees

Polsinelli on 12/16/2022

December never is a “slow” month in “labor law land.” Even though offices are winding down and some are closing for the holidays, the National Labor Relations Board (the “Board”) always enjoys dropping a few seismic...more

Here We Go Again: NLRB Foreshadows A Potential Return To Micro-Units

Proskauer - Labor Relations Update on 12/10/2021

The ability to form smaller bargaining units by breaking up larger aspects of an employer’s organization—sometimes called “micro-units”—is generally seen as an effort to enhance the ability of unions to gain entry into an...more

Upcoming Labor Changes—“Micro-Units”

Maynard Nexsen on 12/9/2021

Nearly a year after his inauguration, President Biden has completed the shift of the National Labor Relations Board (“NLRB”) to a pro-union majority. The reconstituted NLRB will devote significant time reviewing and changing...more

Possible Ramifications of Amazon Union Vote

CDF Labor Law LLP on 4/14/2021

This past month’s Amazon union election in Alabama received more national attention than any other union election since the Boeing election in South Carolina in February 2017. The press covered it very closely. Politicians...more

A Resurrected PRO Act Could Pay Dividends For Big Labor This Time Around

Fisher Phillips on 2/9/2021

As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more

Web Exclusive - September 2019: The Top 11 Labor And Employment Law Stories

Fisher Phillips on 10/10/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

A Quick Summary of Recent NLRB Activity

Bond Schoeneck & King PLLC on 6/26/2018

In December 2017, the National Labor Relations Board issued some significant decisions reversing precedent that had been established by the NLRB under the Obama administration, and took other significant actions that may help...more

Changes

Jackson Lewis P.C. on 3/2/2018

The song “Changes,” written by Phil Ochs, provides an opportune prism to examine the arguably cataclysmic changes implemented and portended by the new employer-friendly majority at the NLRB at the end of 2017 and expected in...more

Trump NLRB Reverses Rule on 'Micro-Units,' Continues Overhaul of Obama-Era Rulings

Foley & Lardner LLP on 1/3/2018

As we discussed last week, the National Labor Relations Board (NLRB) has been working hard during the holiday season to reverse landmark decisions issued by the Obama-era Board. The Board’s efforts to reshape federal labor...more

NLRB Overturns Three Obama-Era Decisions on Labor-Management Relations

McGuireWoods LLP on 12/20/2017

In the closing days of outgoing Chairman Phil Miscimarra’s term, the National Labor Relations Board issued three major decisions reversing field on significant issues of labor-management relations and requested public comment...more

‘Tis the Season for Employers: NLRB Reverses Course with Four Key Rulings

Cohen Seglias Pallas Greenhall & Furman PC on 12/20/2017

For employers, the tide is making its long awaited turn in our nation’s capital at the National Labor Relations Board (“NLRB”). Last week, the NLRB reversed precedent on four significant rules that were widely viewed as...more

NLRB Reverses Two More Obama-Era Decisions as Term Expires

Saul Ewing LLP on 12/20/2017

On Friday, the National Labor Relations Board ended a busy week by issuing two more significant decisions on the eve of the expiration of Chairman Miscimarra’s term. The first decision, Raytheon, restored the well-established...more

The End of Union-Dictated Micro-Units: NLRB Overturns Specialty Healthcare

Sheppard Mullin Richter & Hampton LLP on 12/19/2017

On the eve of Chairman Phillip Miscimarra’s departure from the NLRB, he gave one final gift to employers: the overturning of Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), an Obama-Era Board...more

Unwrapping Late Year NLRB Decisions – Next Steps For Your Organization To Consider

Jackson Lewis P.C. on 12/18/2017

Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more

Board Overrules Specialty Healthcare

Jackson Lewis P.C. on 12/18/2017

In a stunning development, the National Labor Relations Board has overruled Specialty Healthcare, the so-called “micro-unit” decision and replaced the “overwhelming community-of-interest” standard adopted there with the...more

Busy Board Overrules Specialty Healthcare; Restores Traditional Community of Interest Standards Disfavoring Micro-Units

McGuireWoods LLP on 12/17/2017

National Labor Relations Board Chairman Phil Miscimarra’s term expired today, but he did not coast into “retirement.” In addition to the late flurry of decisions which include the Board’s overruling of the Browning-Ferris...more

Labor Relations Update: New NLRB General Counsel Poised to Undo Obama-Era Precedents

Sheppard Mullin Richter & Hampton LLP on 10/12/2017

Senate Republicans recently confirmed William Emanuel, the second Trump nominee to the five-member National Labor Relations Board (the “Board”), giving the Board a Republican majority for the first time since 2007. Mr....more

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