News & Analysis as of September 20, 2024

Unions

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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 -

OFCCP Week In Review: August 2023

DirectEmployers Association on 8/7/2023

Tuesday, August 1, 2023: JOLTS Report – Job Openings Decreased by 34k in June, Rate Steady at 5.8% Official logo for the U.S. Bureau of Labor Statistics (BLS)The number of job openings in June was 9,582,000 – a small...more

Tales from the NLRB: General Counsel to Treat Most Non-Compete Agreements as Unfair Labor Practices

Williams Mullen on 6/2/2023

On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more

NLRB Proposes Rescission of Recently Issued Rules on Elections

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/14/2022

On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols,...more

Potential Rescission of NLRB’s 2020 Election Protection Rule

Littler on 11/11/2022

On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

Labor Board Proposes Return to Pre-Trump Board Election Procedures

Jackson Lewis P.C. on 11/7/2022

The National Labor Relations Board (NLRB) has proposed rescinding portions of its 2020 union representation procedures on blocking charges, voluntary recognition bar, and construction industry collective bargaining...more

The NLRB’s New Joint Employer Rule: Moving the Goalposts, Providing No Guideposts

Sherman & Howard L.L.C. on 9/23/2022

Earlier this month, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking (NPRM), that would move the goalposts for what is considered a joint employer under the National Labor Relations Act...more

NLRB Proposes Rewidening of Joint-Employer Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/9/2022

On September 6, 2022, the National Labor Relations Board (NLRB) unveiled a draft notice of proposed rulemaking (NPRM) to replace its current rule, which clearly defines when two separate entities can be deemed joint...more

NLRB Proposes to Broaden Joint Employment Standard

Miles & Stockbridge P.C. on 9/8/2022

On September 6, 2022, the National Labor Relations Board (“NLRB” or “Board”) issued a much anticipated proposed rule that would broaden the circumstances under which two companies may be held responsible for labor law...more

Top Five Labor Law Developments for June 2022

Jackson Lewis P.C. on 7/12/2022

1. The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022)....more

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on 4/12/2022

1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more

Beltway Buzz - November 2021 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/12/2021

Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more

Beltway Buzz - May 2021 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/1/2021

EEOC Releases Vaccine Guidance. On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued much-needed guidance regarding COVID-19 vaccinations and the workplace. According to the guidance...more

NLRB Proposed Rule Signals a Return to the Excelsior Requirement and the Advent of Absentee Ballots for Military Personnel

Littler on 8/3/2020

In another effort to amend the 2014 final rule on “quickie elections,” on July 29, 2020, the National Labor Relations Board published a notice of proposed rulemaking (NPRM) in the Federal Register that, if implemented, would...more

Board Announces Intent to Issue New Rules Eliminating Disclosure of Certain Personal Information and Requiring Absentee Ballots...

Sheppard Mullin Richter & Hampton LLP on 7/31/2020

On July 28, 2020, the NLRB issued a Notice of Proposed Rulemaking (NPRM) calling for public comments as to two important changes to its regulations governing representation elections. The first change would modify the...more

At It Again: NLRB Proposes More Changes To Its Election Rules, Policies

Jackson Lewis P.C. on 7/29/2020

Continuing its reshaping of its election rules, policies, and procedures, the National Labor Relations Board (NLRB) has proposed two new amendments to the policies and procedures governing its elections. The changes will be...more

Get Off My Lawn! Employers Gain Expanded Rights to Keep Unions Away from Their Property

Foley & Lardner LLP on 11/19/2019

The National Labor Relations Board (NLRB or the “Board”) has been steadily increasing employers’ rights to restrict union access to their facilities. Now the Board appears poised to codify the new rules of engagement in...more

Ruling Out Graduate Student Unions

Hogan Lovells on 9/30/2019

On September 20, 2019 the National Labor Relations Board (“NLRB” or “Board”) proposed a rule which, if approved, would exclude graduate and undergraduate student workers, who perform services in connection with their studies,...more

What You Need to Know About the NLRB’s Proposed Rule Blocking Student Organizing

Franczek P.C. on 9/30/2019

The seemingly never-ending debate over private sector college- and university-student employment status continues. On Friday, September 20, the National Labor Relations Board (NLRB) announced its intent to propose a rule...more

NLRB Proposes Rule to Settle Once and For All: Student Teaching and Research Assistants Are Not “Employees”

Proskauer - Labor Relations Update on 9/23/2019

As anticipated, today the National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) proposing a regulation which would establish that students at private colleges and universities who perform any...more

NLRB Announces Proposed Revisions to Representation Procedures

ArentFox Schiff on 8/21/2019

The National Labor Relations Board recently issued a 113-page Notice of Proposed Rulemaking as the first of a planned series of revisions to its representation procedures under Section 9 of the National Labor Relations Act. ...more

NLRB Issues Notices Of Proposed Rule Making To Codify Certain Union Election Procedures

Seyfarth Shaw LLP on 8/20/2019

Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more

Labor Board Proposes Modifications To Union Election Procedures

Jackson Lewis P.C. on 8/16/2019

The National Labor Relations Board’s (NLRB) proposal to amend its union representation procedures regarding blocking charges, voluntary recognition bar, and construction industry collective bargaining relationships was...more

NLRB’s Proposed Rule Change Expands Employee Free Choice in the Construction Industry

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/15/2019

Under the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of...more

NLRB Proposed Election Rule Presents Significant Changes to Election Procedures

White and Williams LLP on 8/15/2019

On August 12, the National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking to modify three parts of its election procedures. This rulemaking would amend the Board’s blocking charge policy,...more

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 8/14/2019

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

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