NLRB, Obama Administration, Unions

NLRB Finalizes Rollback of Trump-Era Union Election Changes

Benesch on 8/25/2023

As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023...more

Mixed Review: D.C. Circuit Nixes Some Trump-Era NLRB Election Changes, Saves Others

Benesch on 1/20/2023

On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections. As...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

Appeals Court’s Joint Employer Ruling Provides Possible Roadmap for Overturning Trump Rule

Benesch on 8/4/2022

The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on 1/10/2022

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

Scabby Survives Another Trip to the NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible

Sheppard Mullin Richter & Hampton LLP on 7/27/2021

On July 21, 2021, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision affirming its precedent that displaying banners and a large inflatable rat (“Scabby the Rat”) near neutral employers does not...more

President Biden Moved Quickly To Re-Direct NLRB In First 100 Days

Jackson Lewis P.C. on 5/25/2021

President Joe Biden was sworn into office on January 20, 2021. In just the first 100 days, the Biden Administration has begun its return to more labor-friendly policies, rules, and decisions, similar to those issued under the...more

Another Shift on Joint Employment and Independent Contractors

Holland & Knight LLP on 1/12/2021

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

NLRB Reinstates Longstanding Precedent: Employers Do Not Have A Pre-Discipline Bargaining Duty Prior To First Union Contract

Fox Rothschild LLP on 7/6/2020

In a clear victory for management that overturns yet another Obama-era decision, the National Labor Relations Board has held that a recently unionized business that has not yet signed its first labor contract is not obligated...more

The Rejection Of NLRB Election Amendments And Its Impact On Workplace Organizing

Vinson & Elkins LLP on 6/12/2020

Recent National Labor Relations Board efforts to reverse portions of union election reforms implemented by the Obama administration have seen a major setback following the rejection of several core amendments to those reforms...more

National Labor Relations Board Reverses Another Obama-Era Labor Board Ruling and Reinstates Historical Deferral Doctrine

Bradley Arant Boult Cummings LLP on 2/20/2020

The National Labor Relations Board in recent weeks has continued to overturn Board decisions from President Obama’s administration. In United Parcel Service, Inc., the current Republican-controlled Board returned to a...more

OFCCP Week In Review: December 2019 #5

DirectEmployers Association on 12/31/2019

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

White and Williams LLP on 12/30/2019

Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more

NLRB Relaxes Obama-Era Rules on Union Election Timetable

Parker Poe Adams & Bernstein LLP on 12/27/2019

In 2014, the National Labor Relations Board adopted regulations that considerably shortened the time period between certification of a petition for union recognition and the election on this question. In addition, the rules...more

What’s Old Is New Again - Dues Checkoff Requirements Expire With CBAs

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/18/2019

On December 16, 2019, in Valley Hospital Medical Center, Inc., Case 28-CA-213783, the National Labor Relations Board (NLRB) reversed Lincoln Lutheran of Racine, a controversial Obama Board decision that had overruled more...more

Employers May Stop Deducting Employee Union Dues When Contract Expires

Benesch on 12/18/2019

On December 16, the final day of lone Democrat Lauren McFerran’s term, the National Labor Relations Board (“NLRB” or the “Board”) overruled a recent, Obama-era decision that required an employer to comply with its union dues...more

Employment Law This Week®: DOL’s Final Overtime Rule, CA Codifies “ABC Test,” Pay Data Collection Beyond 2018, NLRB’s Busy Summer

Epstein Becker & Green on 10/7/2019

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into October 2019. The episode includes: 1. DOL Issues Final Overtime Rule On September 24, the U.S. Department...more

NLRB Does What Every Watcher Expected It To Do: Declares That Teaching And Research Assistants Are Not Employees…And Does So In A...

Bricker Graydon LLP on 9/28/2019

In the latest volley across the partisan line in the saga of whether college teaching and research assistants can unionize, the National Labor Relations Board (NLRB) released a proposed rule that would deny the ability to...more

NLRB: Proposed Micro-Unit of Boeing Mechanics Is Not Going to Fly

ArentFox Schiff on 9/18/2019

In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics. The Board held in The Boeing Company and...more

Department of Labor Formally Kills Obama-Era Persuader Rule and Joint-Employer News

Benesch on 7/19/2018

Obama-Era Persuader Rule is Finally Dead - On July 17, 2018, the Department of Labor (“DOL”) formally announced what has appeared inevitable since President Trump’s election – the Obama-era “Persuader Rule” is officially...more

NLRB Overturns Obama-Era Limitation on Employers' Ability to Implement Changes in Union Workplaces

Payne & Fears on 1/29/2018

The National Labor Relations Board has overturned E.I. du Pont de Nemours, 364 NLRB No. 113 (2016), a 2016 decision that limited changes employers could implement in union workplaces. The Board’s reversal means that...more

I-23- Stunning End-Of-Year NLRB Developments: An Extensive Interview With Former NLRB Associate General Counsel Barry Kearney

Cozen O'Connor on 12/22/2017

Thought 2017 would end quietly? The month of December has seen several stunning decisions by the NLRB which impact Obama-era precedent, and which will impact employers and employees going forward in 2018. Joining this episode...more

National Labor Relations Board › Obama Administration › Unions