News & Analysis as of September 21, 2024

Bright-Line Rule

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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 Establishes Bright-Line Rule Voiding Election Ballots with Dual or Additional Markings

Proskauer - Labor Relations Update on 5/15/2020

One area of controversy over the years is the NLRB’s attempt to interpret markings on representation ballots that are not clearly “yes” or “no.” This has given rise to a number of tests for divining voter intent. Overruling...more

NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises

Stoel Rives - World of Employment on 6/19/2019

The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union...more

Employers No Longer Have To Allow Union Representatives Use of Public Areas, NLRB Majority Rules

Proskauer - Labor Relations Update on 6/18/2019

Citing judicial criticism, as well as the original Supreme Court decisions on the issue, the NLRB swept away years of precedent permitting union representatives to access public areas of an employer’s premises. In UPMC...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

NLRB Expands NLRA Protections: Rejects Solicitation of Grievance Defense

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/19/2013

On July 2, 2013, the National Labor Relations Board (NLRB) decided a case, Albertson’s LLC, 359 NLRB No. 147, implicating two elements of the National Labor Relations Act. ...more

As 2012 Ends, So Does the NLRB's Longstanding Bright-Line Rule Protecting Witness Statements from Disclosure

Littler on 1/5/2013

As the calendar year ends, so does National Labor Relations Board Member Brian Hayes' term, prompting a series of decisions, including Piedmont Gardens, 359 NLRB No. 46 (Dec. 15, 2012). There the Board reversed 34 year-old...more

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